Has your family lost a loved one in a California truck accident? You could have the right to pursue accountability and compensation for the tragedy you’ve endured by filing a wrongful death claim against the party(s) responsible for your loss. Taking legal action may feel like an impossible task during this painful time. An experienced wrongful death attorney from Demas Law Group can take the burden off your shoulders by pursuing justice for you.
When you work with our law firm, you get a compassionate legal team committed to bringing you the results and resolution you deserve. Contact us today for a free consultation.
Wrongful Death in California Truck Accidents
California law states that a wrongful death occurs when a person dies due to the “wrongful act or neglect of another.” A wrongful death in a truck accident typically occurs due to the negligent actions of a truck driver, trucking company, or other parties both in and outside the trucking industry.
Common causes of fatal truck accidents in California include:
- Speeding
- Driving too fast for road conditions
- Tailgating
- Running red lights or stop signs
- Improper wide turns
- Failure to yield the right of way
- Distracted driving
- Fatigued driving
- Driving under the influence
- Failing to use turn signals or check blind spots before turning or changing lanes
- Unsafe cargo loads, including overweight, unbalanced, and unsecured loads
- Poor truck maintenance
Who Can File a Wrongful Death Claim?
Under California’s wrongful death laws, various family members can file a wrongful death claim after losing a loved one in a truck accident. The order of priority to sue starts with the decedent’s spouse or domestic partner, followed by children or other minor children who depended on the victim for at least half of their financial support.
However, if the deceased left behind no surviving spouse, domestic partner, or other lineal descendants, any surviving family member entitled to inherit under California’s intestate succession laws may bring a wrongful death claim. Eligible parties include the decedent’s parents, legal guardians, and siblings.
What is the Deadline to File a Wrongful Death Claim in California?
Generally, California’s statute of limitations for wrongful death actions gives your family two years after a loved one’s death to file a wrongful death lawsuit. Consulting a truck accident lawyer immediately is not often at the top of the list of priorities for grieving family members. However, it’s important to remember that the truck company will start its investigation immediately. Your case will benefit by having a truck accident attorney collect evidence and witness statements while they are fresh.
Additionally, the filing deadline is firm. If you wait too long to seek compensation, you could lose your right to pursue compensation forever.
Potential Damages in a Wrongful Death Truck Accident Case
Although money cannot bring your loved one back or make up for their loss, a wrongful death truck accident claim can provide you with a measure of justice and help relieve the financial hardships their passing has caused. A successful wrongful death case could provide money for:
- Reasonable funeral and burial expenses
- Loss of income and financial support
- Pain and suffering
- Loss of companionship
- Loss of consortium (intimacy) with the deceased
Proving Fault in Wrongful Death Truck Accident Cases
Proving fault for a fatal truck crash requires a thorough investigation to secure and review available evidence. Examples include:
- Police crash reports
- Accident scene photos and videos
- Witness testimony
- Surveillance, dashcam, or traffic camera footage
- Truck driver hours-of-service logs
- Logs from the truck’s event data recorder (“black box”)
- Trucker cell phone records
- Drug and alcohol test results
- Truck cargo manifests
- Truck repair and maintenance records
- Hiring records from the trucking company
- Results of background checks
- Expert testimony
Most fatal truck accidents occur due to someone’s negligence or recklessness. Establishing liability means showing that the at-fault party had a legal responsibility to prevent harming you and breached that duty, resulting in your injuries. For example, truck drivers who drive while intoxicated can be held liable for any crashes they cause behind the wheel.
Alternatively, you might show that an at-fault party engaged in reckless behavior by consciously disregarding the threats posed by the actions.
Depending on the circumstances, you could also hold a trucking company liable for a fatal truck crash through a vicarious liability claim, which imposes liability on an employer for an employee’s negligent or reckless behavior.
What Can a Wrongful Death Attorney Can Do After a Fatal Truck Crash?
The sudden and painful loss of a loved one is a source of deep anguish and grief. Your family deserves time and space to heal and move forward from what you’ve suffered. A wrongful death attorney can make this challenging process a little easier by handling the details of your family’s legal claims from start to finish. Instead of dealing with persistent phone calls from insurance companies, you can focus on your family and future.
Let your lawyer pursue accountability from the at-fault party(s) by:
- Investigating the truck crash to recover evidence that can help build a solid wrongful death case
- Identifying all liable parties and evaluating all potential sources of compensation
- Documenting your family’s ongoing and future financial losses
- Crafting compelling arguments to establish your family’s emotional loss
- Filing your claim and managing communications with insurance adjusters, trucking company representatives, and defense lawyers so you get the space you need to mourn
- Negotiating for maximum compensation, either through a settlement or at trial
Consult Our Wrongful Death Truck Accident Lawyers Today
Getting financial support after the sudden loss of a loved one can make an emotional time more manageable. For over 25 years, the truck accident attorneys at Demas Law Group have been assisting grieving families in gaining compensation and closure after such a devastating loss. We will stand by you throughout the legal process so you will never feel alone. Contact us today for a confidential and free consultation.
