Maison Law helps the families of victims of fatal truck accidents in Porterville. A truck accident on its own is already incredibly difficult, but the stakes are raised considerably when there are fatal injuries. While this changes the legal process, it doesn’t necessarily change your rights or options. To learn more, contact us today for a free consultation.
When Do You Need a Lawyer?
You aren’t required to have a lawyer to file a claim after a fatal truck accident, but the reality is that you and your family are going to need a lot of help. The difficulty with a truck accident is still there, but the added stress and pain that comes with losing a loved one makes this process overwhelming.
That’s the main reason why you’d need a lawyer, but there are other reasons that having our team on your side makes sense in this situation:
- Explaining the process – We’ll help you and your family understand your legal choices.
- Collecting important evidence – We’ll assist with gathering important evidence for your case.
- Negotiating with insurance companies – We’ll handle negotiations with insurance companies on your behalf.
- Filing a lawsuit – If it’s necessary, we’ll help you file a wrongful death lawsuit.
While no legal action can replace the loss of a loved one, we’re here to guide you through the process and support your family in finding some level of closure and financial relief. The starting point of this process is nailing down liability.
Who Pays for Damages in a Fatal Truck Accident in Porterville?
It’s not just that you lose a loved one (or your own life) in a fatal truck accident, it’s also incredibly difficult to untangle liability. What’s worse, liability is an incredibly important part of your claim, because it gives you the person or company that you’ll file the claim against–and will also tell you who is legally responsible for paying for the damages.
At least in legal terms, liability is established by showing negligence. In a fatal truck accident, this means any of the following could share liability for the accident:
- Truck driver – If the driver was speeding, tired, impaired, or negligent, they could be held responsible.
- Trucking company – The company that employed the driver may be liable for their actions while on the job.
- Truck or parts manufacturers – If a defect in the truck or its parts caused the accident, the manufacturer could be at fault.
- Cargo loaders – If improperly loaded cargo led to the accident, those who loaded it might be responsible.
- Maintenance workers – If poor maintenance caused the accident, the maintenance crew could be held liable.
- Other drivers – Another driver’s reckless behavior might also contribute to the accident, which would make them partially responsible.
Like any accident, liability is ultimately going to come down to what actually happened. There’s obviously a lot of different people involved in a truck accident, but it’s especially important to look at what happened to find all the available areas of liability. But it’s equally important to protect your or your family’s claim.
How Do You Protect a Fatal Truck Accident Claim?
There’s a few different ways to approach a truck accident, and whether it’s fatal or not, it’s very scary. But, because there’s a legal process in place, it becomes important to do things that protect you or your family’s legal rights in this situation. This means doing the following:
- Call 911 – Anytime there’s fatal injuries, calling 911 is extremely important. First responders will confirm the fatality and provide care for any other injuries. This documentation is also vital for a claim.
- Cooperate with police – Fatal accidents require a detailed investigation by the Porterville Police Department (PPD) or California Highway Patrol (CHP). They will gather important information from everyone involved.
- Collect evidence at the scene – If you can, gather evidence such as photos of the accident, witness statements, and information from those involved, including the truck driver.
- Preserve evidence – Keep all records and documentation related to the accident, including medical records, funeral expenses, and any financial losses. This will help show the full impact on your family.
While documenting and gathering evidence can be tough, especially after a fatal accident, our experienced lawyers are here to provide support–especially with this part of the legal process, because it’s a bit different than normal.
How is the Legal Process Different AFter a Fatal Truck Accident in Porterville?
With a fatal truck accident, the legal process is designed to help the surviving family members get back some measure of financial support to deal with the loss. This is the thrust of you or your family’s legal protection when there’s a fatal accident in Porterville. But to do this, you or they will need to file a “wrongful death” claim.
In California, only certain people can file a wrongful death claim after a fatal truck accident:
- Surviving spouses, children, or domestic partners
- Parents, heirs, stepchildren, or other family members if there are no surviving spouses or children
- Personal representatives of the estate named in a will
Wrongful death claims can be settled through an insurance claim outside of court or by filing a lawsuit in civil court. After filing, damages typically include things like:
- Loss of companionship or parental guidance
- Loss of financial support, salary, or benefits
- Loss of future earnings
- Emotional pain and suffering
- Medical, funeral, or burial expenses
Even with fatal injuries, you only have two years from the date of death to file a wrongful death claim. Acting quickly is important, especially because truck accidents can have a lot of moving parts and evidence and information can erode fairly quickly.
What Kinds of Fatal Truck Accidents Happen in Porterville?
Truck accidents are an unfortunate part of driving around Porterville. But even with the huge size discrepancy between a truck and your car, not every accident turns fatal. That said, when negligence is involved, it only adds to the heartbreak and frustration of a serious truck accident. Understanding the different types of fatal truck accidents can help you prepare for the legal process and explore your options. Here’s a look at some of the more common kinds of fatal truck accidents that happen in Porterville:
- Head-on collisions – These occur when a truck hits another vehicle head-on, often at high speeds, causing devastating or fatal injuries.
- Rear-end collisions – A truck rear-ending a smaller vehicle can be deadly because of the truck’s size and weight.
- Jackknife accidents – When a truck’s trailer swings out to form an angle with the cab, it can cause multi-vehicle crashes, often resulting in fatal injuries.
- Underride accidents – Smaller vehicles can slide under a truck’s trailer during sudden stops, leading to catastrophic or fatal injuries.
- T-bone collisions – When a truck strikes the side of a vehicle at intersections, the direct impact on passengers can be fatal.
- Rollovers – Large trucks are prone to rollovers, especially during sharp turns or at high speeds, leading to deadly crashes.
Truck accidents are especially terrifying, and even more so when they result in fatalities. If you or your family is dealing with this situation, it’s important to know your legal options. Our truck accident lawyers in Porterville are here to help.
Contact Maison Law After a Fatal Truck Accident in Porterville
With so many trucks traveling through Porterville, the risk of an accident is always present. Unfortunately, these accidents can lead to fatal injuries. While it’s hard to think about, being prepared for what comes next is crucial. At Maison Law, we know how devastating a fatal truck accident can be. Our team is here to guide and support you and your family. Contact us today for a free consultation if you’ve lost a loved one in a fatal truck accident.
