Maison Law represents the families of fatal truck accident victims in Modesto. If you’ve lost a loved one due to a careless truck driver, the Wrongful Death Attorneys at Maison Law are here to guide you and your family through every step of the legal process.
We understand nothing can replace the loss of a loved one, but we have the legal resources to help you regain financial security and bring some semblance of closure to this unfortunate period of your life. Contact Maison Law today for a free consultation.
Do I Need a Lawyer for a Fatal Truck Accident?
The sudden loss of a loved one is not only emotionally devastating, but it comes with costs that most families are not prepared for. But that’s where a lawyer can make the process easier. At Maison Law, we explore every avenue of compensation after the untimely loss of a loved one. Our legal team pursues the full extent of damages for you and your family. We take a personable approach when it comes to recovering damages and ensure you’ll receive compensation for:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Other Damages You May Receive After a Fatal Accident Involving Children
Under California Civil Procedures 377.30, a wrongful death lawsuit is typically coupled with a California “survival” cause of action. Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.
It is important to know that a survival action claim is the only way to sue for punitive damages. These damages are not available under a wrongful death lawsuit. For punitive damages to be awarded in a survival action claim, the decedent’s death must be a result of another person’s intentional actions to do harm, or from extreme recklessness. An example of this in the context of a car accident would be drunk driving, street racing, or road rage.
Steps to Take to Protect Your Rights After a Wrongful Death Incident
Considering legal matters while dealing the sudden loss of a loved one can be difficult. However, neglecting to understand necessary legal steps can have a harmful impact on your family’s right to compensation. One way to avoid mistakes after a wrongful death is to do the following:
- Seek Legal Counsel: it is recommended to consult with one of the Wrongful Death Attorneys at Maison Law as soon as possible. Our team will guide you through the legal process and ensure all legal filings are done on time and in accordance with California Law.
- Gather Evidence: while our law firm will thoroughly investigate your case, you can help by preserving any evidence, such as police reports, photos of the accident scene, witness information, or prior medical records.
- Avoid Speaking with Insurance Companies: insurance adjusters may attempt to pressure you into accepting a low settlement that does not properly compensate the losses you and your family have suffered. It is always a good idea to consult with our attorneys before accepting any settlement.
- Avoid Public Statements: any statements made to the press or on social media can potentially be used against you in a deposition or at trial.
- Focus on Healing: you can truly help your case by taking all measures to emotionally heal during this challenging time. This could mean seeking counsel and support services to help you process a profound loss.
How Fault is Proven in a Modesto Fatal Truck Accident
Let’s say, for example, a person is leaving the Gallo Art Center in downtown Modesto. They pull out onto the street when a truck without its headlights on plows into the side of the vehicle. The driver in the vehicle is fatally injured and passes away before paramedics arrive. How is liability proven in this case? In Modesto, the surviving family can bring a wrongful death action in a fatal truck accident if a direct act of carelessness, recklessness, or an intentional wrong act caused their loved one’s death. In a case like this, the plaintiff (the family of the driver) must prove the defendant (the truck driver):
- Had an obligation to act with reasonable care
- Breached their “duty of care”
- As a result, the plaintiff suffered the loss of a loved one
- The reckless act was foreseeable and could have reasonably been avoided
So, while the defendant might try to suggest the families loved one should have been more cautious when pulling out onto the street late at night, the duty of care was already breached by the truck driver who failed to have their headlights on.
It may seem like a straightforward wrongful death case, but defense attorneys can be ruthless and will suggest anything to make the decedent responsible for their own death. For that reason, it is recommended to speak with an experienced Wrongful Death Attorney at Maison Law to protect families in Modesto from liability.
What Factors Influence a Fatal Truck Accident Settlement?
Settlement amounts in California vary based on a number of factors, but the main determining factor is the degree of fault by the “at-fault” party. The settlement is also dependent upon the details of your case. These details include:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
These details are often revealed through legal processes your attorney will guide you through. Both you (the plaintiff) and the liable party (the defense) will have a chance to discuss the details of the case through:
- Interrogatories: written questions both parties must answer under oath
- Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
- Request for production of documents: all documents to back up each party’s claims must be presented to both sides
- Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims
Who Can File a Wrongful Death Lawsuit in California?
California Code of Civil Procedure 377.60 specifies the individuals who may file a wrongful death lawsuit. Those parties include:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim.
How Much Time Do I Have to File a Wrongful Death Lawsuit for a Fatal Truck Accident?
According to the Statute of Limitations in California, you have two years from the day you lost your loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years to file a wrongful death claim.
Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about the wrongful death right away. For example, let’s say defective brakes on a truck caused a cyclist to crash. The cyclist suffers a brain injury, but the injury isn’t fatal until years later. The discovery rule says that the two-year clock does not start running until the day the cause of their death is discovered.
Contact a Modesto Fatal Truck Accident Lawyer
Families in Modesto deserve to have a place they can turn to for help when the unthinkable happens. If you’ve lost a loved one due to a careless truck driver, the Wrongful Death Attorneys at Maison Law are ready to give you and your family the care and attention you need to to take legal action against the party responsible for your loss. We have years of experience in wrongful death cases and know how to achieve successful outcomes for Modesto families. Contact Maison Law today for a free consultation and case evaluation.
