Maison Law protects family members who have lost a loved one in a truck accident. If you’ve suffered the unfortunate loss of a loved one due to a fatal truck accident in Salinas, the attorneys at Maison Law can help your family take the proper legal recourse for wrongful death compensation. Contact Maison Law today for a free consultation and case evaluation.
Do I Need A Lawyer for a Fatal Truck Accident in Salinas?
Seeking legal advice may be the last thing on your mind after the tragic loss of a loved one. However, having a wrongful death attorney can ensure the decedent is not at risk of being partially liable for the accident or your family is not under-compensated by the insurance company. Depending on the facts of your case, an attorney can:
- File for subpoenas
- Gather evidence
- Interview eyewitnesses
- Consult with medical practitioners and financial experts on your behalf
Although no amount of money can replace a loss as significant as a family member, a wrongful death attorney can also seek damages from the liable party to compensate you for your untimely loss. These damages include:
- Medical bills directly related to the accident injuries from the time of the accident to your loved one’s death.
- Funeral and burial expenses
- Lost income, which includes income from the time of the accident and future lost income
- Loss of household services your loved one used to provide
- Pain and suffering the decedent was exposed to before their untimely death
- Medical bills the decedent may have accumulated
- Loss of consortium
How Does Liability Work in a Fatal Truck Accident?
Let’s say a driver is going down HWY 68 toward Monterey Bay and a semi-truck loses control in front of them and swerves, blocking every lane of traffic in a matter of seconds. The driver is unable to stop and is thrown from their vehicle as they collide with the truck, causing them to lose their life in the hospital weeks later. The loved ones of the decedent could file a wrongful death claim in this case due to the truck driver’s actions. To have a successful wrongful death claim, the following would need to be proven:
- The truck driver owed your loved one a “duty of care” and breached that duty of care by losing control and blocking the road.
- The truck driver’s careless action, or lack of action, was the direct cause of the driver’s death.
In this scenario, perhaps the truck losing control was caused by the roadways being hazardous. Under California’s Premise Liability Law, the government may be liable for the wrongful death of the driver if they failed to:
- Maintain and inspect the property
- Repair any potentially dangerous conditions
- Give proper warning of dangerous conditions
Ultimately, liability could fall to a number of parties depending on the facts of the case. For that reason, it is important to have an experienced wrongful death attorney to investigate your case and hold all liable parties responsible for damages done to you and your family.
Who Can Receive Compensation in a Fatal Truck Accident in Salinas?
Once a wrongful death lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive compensation. Fortunately, In California, there are laws and procedures to ensure who can be compensated. According to the Code of Civil Procedure, section 377.60, the following people can seek compensation for a wrongful death:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren (only if the deceased person’s children have also passed away
- Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
- Anyone entitled to the deceased’s property under intestate succession law
However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they can be entitled to compensation.
What is the Typical Compensation for a Fatal Truck Accident in Salinas?
It is difficult to assign a dollar amount to the grief and trauma experienced by the surviving family members of a fatal truck accident. However, the severity of your economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety) will give you an idea of what you can expect from a wrongful death settlement. These damages combined include:
- The financial support received from the decedent
- Loss of income the decedent would have continued to earn
- Funeral and burial expenses
- Loss of benefits the family would have received from the decedent
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
No amount of money will be enough to make up for the loss of a loved one, but you shouldn’t have to continue to suffer financial burdens because of it. Our wrongful death attorneys at Maison Law are standing by to give you and your family the support they need to get through this difficult time.
Contact a Fatal Truck Accident Attorney in Salinas
If you’ve lost a loved one due to the careless driving of another, the truck accident attorneys at Maison Law are here to give you and your family the attention you need to help you get through this difficult time. We have years of experience in wrongful death cases and liability law to get clients the compensation they need to get their finances back together after the loss of a loved one. Contact Maison Law today for a free consultation and case evaluation. Our consultation is free and you won’t be charged a cent until your case is won.
