Maison Law represents the families of victims of fatal truck accidents in Santa Barbara. Any accident with a large truck carries pretty heavy risks, but by far the worse outcome is the death of a loved one. If your family has lost a loved one in a fatal truck accident, our team can help. Contact us today for a free consultation to get started.
Do You Have to Get a Lawyer?
When you find yourself in a situation that’s as tragic as a fatal truck accident, you’re probably not thinking about your legal options right away. But, the reality is that you and your family have legal options, and while getting a lawyer isn’t required, it’s incredibly beneficial in this situation.
Our team has the experience and resources to guide your family through the claims process by:
- Going over your options and explaining your rights
- Helping you gather important evidence and documentation
- Communicating and negotiating with insurance companies
- Filing a lawsuit, if necessary
Nothing can bring back a loved one, but the legal process is there to help you and other surviving family members move forward. Our team understands how tough this situation is, and will make sure you have the support you need.
Who’s Legally Liable After a Fatal Truck Accident?
One of the most difficult things about any truck accident is figuring out who’s liable–or legally responsible for it. This is unfortunately magnified when the accident is fatal, yet it’s sometimes no easier to untangle things.
Yet, figuring out who’s at fault (and thus legally responsible for paying for the damage), depends on the specific details of what happened with the accident.
Generally, though, it’s going to fall on whoever was “negligent.” Negligence means somebody wasn’t careful or was reckless, and caused the accident that led to the death of your loved one. This means that, in a fatal truck accident, liability could fall on any or multiple of the following people or groups:
- Truck driver – Most often, the driver is held responsible if they were speeding, fatigued, under the influence, or otherwise negligent.
- Trucking company – The company that the driver works for may also be liable for the driver’s actions while on duty.
- Truck or parts manufacturers – If a faulty part in the truck caused the accident, the manufacturer could share responsibility.
- Cargo loader or manufacturer – If improperly loaded cargo led to the accident, those responsible for loading it may be held liable.
- Maintenance crew – Poor maintenance of the truck could shift blame to the individuals responsible for its upkeep.
- Other drivers – A third driver could also be liable if their reckless driving contributed to the accident.
As you can see, there’s many different factors that can influence liability in a fatal truck accident in Santa Barbara. While negligence helps pinpoint responsibility, it’s crucial to explore all legal options for getting the financial support that’s available through the legal process.
What’s the Legal Process After a Fatal Truck Accident?
Much like a regular accident, the legal process after a fatal truck accident is designed to provide the surviving family members with some measure of financial support to cope with their loss. This forms the core of the legal protection available to families after a fatal truck accident in Santa Barbara. The main difference, though, is that a “wrongful death” claim is what needs to be filed.
In California, only specific people are able to 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 resolved either through an insurance settlement or by filing a lawsuit in civil court. When filing, the damages typically covered include:
- Medical, funeral, or burial expenses
- Loss of companionship or parental guidance
- Loss of current financial support, salary, or benefits
- Loss of future earnings or benefits
- Emotional pain and suffering for the grief
It’s crucial to act promptly, as you have only two years from the date of death to file a wrongful death claim. In fatal truck accidents, evidence can deteriorate quickly, making it essential to gather and preserve key information as soon as possible.
What Steps Are There to Strengthen a Fatal Truck Accident Claim?
Handling a fatal truck accident is overwhelming, but there are important steps that can help protect your family’s legal rights and strengthen a potential claim. In Santa Barbara, taking these actions can make a significant difference:
- Call 911 – In any fatal accident, calling 911 is critical. EMTs will confirm the fatality and provide care for others involved. This official medical documentation is crucial for a claim.
- Work with police – Fatal accidents require a serious investigation by local police in charge of the particular area, usually either Santa Barbara Police Department or California Highway Patrol. What they find will provide key details that can support your claim.
- Collect evidence at the scene – If possible, gather photos, witness statements, and details from the truck driver and others involved. This helps build a clearer picture of what actually happened.
- Keep this evidence – Keep all documentation related to the accident, including medical records, funeral costs, and any financial losses. These records help show the full extent of the impact on your family.
Again, what makes any truck accident (but specifically a fatal truck accident) difficult is the confusion and pain. In some cases, you probably won’t be able to take these steps. That’s why having our team on your side is important: we can use our resources and experience to gather this information for your family if you’re not able to. And ultimately, it’s this information that forms the foundation of the wrongful death claim.
What Types of Fatal Truck Accidents Happen in Santa Barbara?
While not every truck accident is fatal, the sheer size and hazardous cargo carried by many trucks often lead to devastating injuries. What’s worse, this is true regardless of the type of accident or where it happens. At the same time, looking at the various types of accidents can help you or your family be better prepared for the aftermath:
- Rollovers – Large trucks are prone to rollovers due to their size and weight, especially during sharp turns or high speeds, which can result in deadly crashes.
- Jackknife accidents – When a truck’s trailer swings out and forms an angle with the cab, it can cause multi-vehicle accidents, often leading to fatalities.
- Underride accidents – Smaller vehicles may slide under a truck’s trailer during sudden stops, resulting in catastrophic injuries.
- Head-on collisions – These happen when a truck crashes directly into another vehicle, often at high speeds, leading to severe or fatal injuries.
- Rear-end collisions – Trucks rear-ending smaller vehicles can result in fatal injuries due to the significant weight and force of the truck.
- T-bone collisions – When a truck strikes the side of a vehicle, especially at intersections, it can be deadly due to the direct impact on passengers.
Fatal truck accidents are devastating, but understanding the type of accident can help you and your family explore the right legal options.
Contact Maison Law After a Fatal Truck Accident in Santa Barbara
The risk of a fatal truck accident is ever-present in Santa Barbara due to the number of trucks on the road. While preparing for such a tragedy is difficult, knowing your legal options is critical for being able to move forward.
At Maison Law, we understand how overwhelming a fatal truck accident can be. We’re here to guide and support you through this painful time. Contact us today for a free consultation if you’ve lost a loved one in a fatal truck accident.
