Maison Law represents the families of victims of fatal truck accidents in San Jose. A truck accident is always challenging, but it becomes even more overwhelming when fatal injuries are involved. These tragic accidents often leave families facing a significant emotional and financial loss. If you’ve lost a loved one in a truck accident in San Jose, our legal team is here to help guide you through the complicated legal process. Contact us today for a free consultation.
Do You Need to Get a Lawyer After a Fatal Truck Accident?
Although hiring a lawyer after a truck accident in San Jose isn’t a requirement, it shouldn’t come as a surprise that it’s definitely in you and your family’s best interest–especially when a death is involved. The loss of a life is the most devastating outcome of any truck accident, and going through the legal process alone can be overwhelming. Given the complexity of fatal accidents, getting a lawyer is almost always a wise decision.
With our experience and expertise, we can help you by:
- Explaining the legal options available to you.
- Gathering critical evidence and information for the case.
- Figuring out who is at fault for the accident.
- Communicating and negotiating with insurance companies for a better settlement.
- Filing a claim in court on behalf of you or your family.
Every truck accident has the potential for tragedy, and while it’s difficult to think about, you and your family can rely on our experienced team to make things easier as you move forward.
What Legal Options Are There After a Fatal Truck Accident?
The legal process that’s in place to handle fatal truck accidents in San Jose is a bit different than normal. This isn’t all that surprising, given the more difficult nature of a fatal accident. The most significant difference is in the type of claim that needs to be filed. Instead of a standard injury claim, you or your family will need to file a:
- Wrongful death claim.
The differences don’t stop there, though. Only certain people are legally allowed to file a wrongful death claim in California:
- Surviving spouses or domestic partners
- Surviving children
- Parents, siblings, stepchildren, heirs, or personal representatives if there are no surviving family members
With that, the process of filing the claim is similar to a typical injury claim, involving either an insurance claim or a lawsuit. Another key difference in a wrongful death claim lies in the damages that are available, which includes things like:
- Medical, funeral, and burial expenses – This includes medical bills prior to death and funeral or burial costs.
- Loss of financial support – This covers the income the deceased would have provided to their family.
- Emotional distress and pain – These damages address the grief and other emotional suffering caused by the loss.
- Loss of parental support – This covers the financial value of the care and guidance the deceased would have provided to their children.
- Loss of future earnings – This includes the salary and benefits the deceased would have earned in the future.
- Loss of companionship – This covers the emotional and social impact of losing a loved one.
After a fatal truck accident, acting quickly is crucial. You only have two years to file the claim under California’s statute of limitations. However, the process can be overwhelming as you first need to establish liability while also making sure you have a strong claim.
Who is Liable in a Fatal Truck Accident in San Jose
Any truck accident in San Jose is going to be challenging because, unlike a regular car accident, there’s many different people typically involved in a truck accident. Because they’re designed and operated in such a specific way, the process of figuring out who you’ll file against in a truck accident is almost always more complicated.
This is amplified when there’s fatal injuries, but the legal process for determining fault remains consistent: proving negligence.
To prove negligence, you need to show that:
- The responsible party had a duty to drive safely and avoid harm. If they failed to do this and caused the fatal truck accident, they can be held liable.
Figuring out fault can be complicated and might involve several parties. In many truck accidents, those responsible could include:
- Truck driver
- Trucking company
- Truck or parts manufacturers
- Cargo loaders
- Maintenance workers
- San Jose city government or California state government
- Other drivers
In a fatal truck accident in San Jose, numerous factors come into play when determining who is at fault and who the claim will be filed against. Proving negligence is key to identifying the responsible parties, but there’s also the process of protecting and even strengthening a claim.
How Can a Wrongful Death Claim Be Protected After a Fatal Truck Accident?
Following a fatal truck accident in San Jose, it’s critical to take certain steps to safeguard a wrongful death claim. Whether the accident happens on I-280, Capitol Expressway, or Stevens Creek Boulevard, getting the right information is essential:
- Call 911 – Immediately call 911 for an ambulance and police response. San Jose Police, California Highway Patrol or the sheriff’s office should make their way to the scene fairly quickly. Make sure that police and EMTs treat any non-fatal injuries and take the necessary steps for any fatal injuries.
- Start collecting information – Gather names, contact details, driver’s license numbers, and insurance information–especially from the truck driver. Also, get contact information from witnesses, as their statements can support your wrongful death case.
- Gather evidence of the scene – If possible, take photos and videos of the accident scene, including vehicle damage and road conditions. Keep copies of the police report, medical records, and other relevant documents to back your wrongful death claim.
- Keep records – Maintain a record of all expenses related to the accident, especially medical and funeral costs, to show the financial impact on your family.
- Watch any statements – Never make statements or admit fault, as this can undermine your wrongful death claim. If you do talk to police or insurance reps, just stick to the basic facts of what happened.
Though immediate action may not be possible due to the fatal injuries, gathering this information is extremely important, since it lays the foundation for a strong wrongful death claim. That’s also why it’s important to have our team’s support, since we can take the lead in getting most of this information.
What Makes Truck Accidents Fatal in San Jose?
As you can probably tell, truck accidents in San Jose are often far more severe than other accidents due to the massive size and weight of trucks. Unfortunately, this frequently leads to fatal collisions, regardless of the type of truck involved. But specifically, it’s the injuries that you or a loved one could experience that make these accidents fatal. In most accidents, this involves:
- Traumatic brain injuries (TBIs) – The violent impact in a truck accident can cause catastrophic brain damage, often leading to fatal outcomes.
- Spinal cord injuries – The severe impact can damage the spinal cord, resulting in paralysis or immediate death.
- Internal organ damage – A truck accident can cause fatal internal bleeding and life-threatening organ damage due to the force of the collision.
- Broken bones and fractures – When smaller vehicles are crushed under the weight of a truck, multiple fractures can lead to fatal complications.
- Crushing injuries – The immense weight of a truck can trap and crush occupants, often resulting in fatal injuries.
- Chest trauma – The force of a truck accident can severely damage the chest and vital organs, leading to life-threatening conditions.
- Burns – If trucks carrying hazardous materials catch fire, victims can suffer fatal burns or smoke inhalation.
These factors make truck accidents particularly deadly. While it’s hard to think about, you and your family do have legal options that can help, and our team can guide you all through the process and support you.
Get Legal Help After a Fatal Truck Accident in San Jose
A fatal truck accident in San Jose can devastate your family. If you’ve been affected by such an accident, our dedicated team of San Jose fatal truck accident lawyers is ready to help.
With our experience and proven success in handling these cases, we can guide you through your legal options and help protect your claim. Contact us today for a free consultation to get the recovery process started.
