Maison Law represents the families of fatal truck accident victims in Stockton. If you’ve lost a loved one due to a careless driver, the wrongful death attorneys at Maison Law can help. Our caring team of accident attorneys are standing by to guide you through the legal process and assist you through this difficult time. Contact Maison Law today for a free consultation and see what options are available to you.
Do I Need a Lawyer for a Fatal Truck Accident in Stockton?
If your loved one unexpectedly lost their life in a fatal truck accident, it is recommended to discuss your situation with a reputable attorney. An unfortunate reality of wrongful death accidents is that most insurance companies want to pay as little as possible to the victim’s family. Insurance will usually cover immediate damages caused by the fatal accident such as medical bills and funeral costs, however, they do not consider your financial future after the loss of a loved one’s earnings and emotional support.
A wrongful death attorney will hold the insurance company responsible for your current and future financial damages. An attorney will help you recover:
- 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
What Factors Influence a Fatal Truck Accident Settlement?
Settlement amounts in California vary based on several factors, but the main determining factor is the degree of fault by the “at-fault” party. Other factors include:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most personal insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
These details are often revealed through legal processes your attorney will guide you through. Both you (the plaintiff) and the liable party (the defense) will have a chance to discuss the details of the case through:
- Interrogatories: written questions both parties must answer under oath
- Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
- Request for production of documents: all documents to back up each party’s claims must be presented to both sides
- Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims
What Evidence is Needed to Prove a Wrongful Death in a Fatal Truck Accident in Stockton?
When dealing with a fatal truck accident, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
Regardless of how many parties are involved, if you can prove someone else’s negligence caused the death of your loved one, you will most likely have a successful wrongful death claim. The following are four elements of evidence necessary to prove fault in a wrongful death case:
- Had an obligation to act with reasonable care: If a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
- Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal truck accident, the duty of care would have been ignored if a truck broke a traffic law and was driving dangerously before the collision.
- Acted careless or reckless: If the defendant failed to do their and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
- Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.
What Happens in an Accident if the Truck Driver is Uninsured?
There are lots of truck drivers who are independent contractors and drive under their own insurance policy. Some are insured by their employer’s insurance policy. However, there are exceptions. So, what do you do if a loved one is involved in a fatal accident with an uninsured truck driver?
If an uninsured truck driver causes a fatal car accident, it is recommended to see if the insurance policy on the decedent’s vehicle covers uninsured motorists (UM). If it does, then the insurance policy will cover some, if not all of your damages. Even if the truck driver is uninsured, you can file a personal lawsuit against them to recover damages. To do that, you will need an attorney to file the lawsuit and prove the uninsured driver was at fault for the accident, as well as the wrongful death.
Assuming the truck driver cannot afford insurance, they’ll most likely be unable to compensate you for your damages. If that’s the case, there are other avenues you can take to be fully compensated, however, it is advisable to contact an experienced wrongful death attorney to understand your legal options in this case.
What is the Typical Compensation for a Fatal Truck Accident in Stockton?
Compensation for fatal truck accidents varies widely based on factors such as the amount of income lost due to the loss of your loved one, the amount of medical bills owed due to the accident, and the funeral expenses. However, an average amount can be reached by calculating the cost of economic and non-economic damages you and your family have suffered due to the untimely loss of a loved one. These damages 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
It is also important to note there is no limit to the amount your non-economic damages can be worth in California. While economic damages can be limited to a certain amount, non-economic damages can be whatever the insurance company or a jury decides is fair based upon the details of your case.
Contact a Fatal Truck Accident Lawyer in Stockton
If you’ve lost a loved one due to the careless driving of another, the wrongful death attorneys at Maison Law can help you reach a successful outcome for your case. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge or hidden costs, and we don’t make a cent until we’ve won your case.
