Maison Law represents families of victims of fatal truck accidents in Monterey. A truck accident is always difficult, but even more so when there’s fatal injuries. More often than not, these accidents can leave you or your family facing a huge loss. If you’ve lost a loved one in one of these accidents, our team can help you through the legal process. Contact us today for a free consultation to learn more.
Should You Hire a Lawyer?
Anytime you’re in any type of accident in Monterey, you’re not required to hire a lawyer. But that doesn’t mean you don’t need one–especially after a fatal truck accident. There’s no way around it: a death is by far the worst outcome of a truck accident. And since getting a lawyer depends on how difficult the situation is, it’s almost a guarantee that hiring a lawyer after a fatal truck accident is a good move.
With our experience and guidance, we can help you and your family by:
- Helping you understand what legal choices are available.
- Assisting with collecting key information and evidence for the case.
- Figuring out who is responsible for the accident.
- Handling the back-and-forth with insurance companies to get a fair outcome.
- Helping you or your family file a claim in court.
Every truck accident has the potential to be fatal, and although it’s a difficult time, being prepared is incredibly important in this situation. Our team in Monterey is here to support you and make the process as smooth as possible.
What Can Be Done to Protect a Claim After a Fatal Truck Accident?
The aftermath of a truck accident is incredibly difficult, and this only increases when there’s a fatality. The reason this particular situation is so difficult isn’t just that you or your family has lost a loved one, it still requires certain steps to protect a claim. This means doing the following to the extent that you or someone close to you is able:
- Call 911 – Once you’re safe, call 911 to get Monterey Police or the sheriff’s office to the scene. Request an ambulance and ensure anyone with non-fatal injuries receives medical care. Documenting these injuries and linking them to the accident is crucial.
- Get important information – Get names, contact details, driver’s license numbers, and insurance information from the truck driver and anyone else involved. Also, gather contact details from any witnesses, as their statements can strengthen your claim.
- Gather evidence – If it’s safe, take photos and videos of the accident scene, including vehicle damage and road conditions. Keep copies of the police report, medical records, and any other important documents to support your case.
- Keep track of expenses – Record all expenses such as medical bills and funeral costs to show how the accident has impacted your family’s finances.
- Be careful with statements – Don’t make statements or admit fault, as this could be used against your claim. If you speak with an insurance rep, just stick to the facts and don’t embellish or exaggerate what happened.
Again, a fatal truck accident is going to make it very tough to complete all these steps. That’s why it’s important to work with our team. We have the experience and resources you or your family needs to set the foundation of a potential claim.
Who’s Liable After a Fatal Truck Accident in Monterey?
While your actions are important, one of the most important aspects of a potential claim is figuring out who’s liable. Determining who is legally responsible for a fatal truck accident is crucial. The process involves proving negligence, which means showing that the responsible party failed to drive safely and caused the accident.
To show negligence, you need to prove that:
- The responsible party had a duty to drive safely and that they breached this duty, leading to the fatal accident.
Obviously, this is a pretty general overview. It’s really going to come down to what actually happened and who caused the accident. In a fatal truck accident, liability usually falls on one or multiple of the following:
- Truck driver or company – If the driver was speeding, distracted, or otherwise negligent. Also, the driver’s employer (usually a trucking company) may also be liable for their driver’s actions.
- Truck or parts makers – If a defect in the truck or its parts caused the accident, the company that makes or sells the truck or parts is going to be responsible.
- Cargo company – If improperly loaded cargo contributed to the accident, the company that owns that cargo is responsible.
- Maintenance workers or contractors – If poor maintenance led to the accident, the company or individual maintenance workers could be held responsible.
- Local or state government – If road conditions or signage played a role, Monterey’s city government or the state government could be liable.
- Other drivers – If another driver’s actions contributed to the accident, they’ll be liable just like any other accident.
Like any accident, figuring out liability is a huge step for your claim because it tells you who you’ll be filing against–and who has to pay for your damages. Damages and the legal process become even more important in a fatal truck accident.
What Damages Are Available in a Fatal Truck Accident Claim?
A fatal truck accident in Monterey changes the legal process. Most notably, it changes the type of claim that gets filed. Rather than a typical injury claim, you (or your family) files a:
- Wrongful death claim.
Now, the key difference in a wrongful death claim is that only certain people can file it. Under the law, only the following can file:
- Surviving spouses or domestic partners
- Surviving children
- Parents, siblings, stepchildren, heirs, or personal representatives if there are no surviving family members
From there, actually filing the claim looks a lot like a regular injury claim. It’s either done through an insurance claim out of court or a lawsuit, and needs to be filed within two years of the date of the accident or death.
But another huge difference is in the actual damages that are available:
- Loss of financial support – This covers any income the deceased would have provided to their family.
- Emotional distress and pain – These damages provide support for the emotional suffering caused by the loss.
- Loss of parental support – These damages provide financial considerations for the loss of care and guidance the deceased would have given to their children.
- Loss of future earnings – This covers the salary and benefits the deceased would have earned in the future.
- Loss of companionship – This is for the emotional and social impact of losing a loved one.
- Other expenses – This covers the costs of medical care before death and funeral or burial expenses.
After a fatal truck accident, it’s important to act quickly. But, this can be a challenge with a fatal truck accident because you have to first figure out liability–then from there go through the claims process while also trying to deal with the hardship of losing someone you love. That’s where our team can step in and take that burden off your shoulders, allowing you and your family to get the financial means needed to move forward.
Contact Maison Law After a Fatal Truck Accident in Monterey
You never want to be involved in a truck accident in Monterey, let alone a fatal one. Yet, with so many trucks on the road here, it’s not out of the realm of possibility. When you and your family find yourself in this tragic situation, Maison Law’s team of truck accident lawyers will be there to guide and support everyone during the claims process. To get this process started, contact us today for a free consultation.
