Fatal Semi Truck Accident: How to File a Claim in California
When a fatal semi-truck accident occurs due to the negligence of another party, it can leave families grappling with immense grief and emotional turmoil. In addition to the emotional toll, there may be financial burdens, including medical expenses, funeral costs, and the loss of the deceased’s financial support. Filing a wrongful death claim is an avenue to pursue accountability and obtain the compensation needed to cope with the aftermath of such a devastating event.
California’s legal system provides recourse for those affected by fatal semi-truck accidents, enabling them to seek justice and financial recovery. However, navigating the legal complexities of these cases can be overwhelming for grieving family members. It is in these circumstances that the guidance and expertise of an experienced personal injury attorney become invaluable.
In this blog, we will discuss:
- Fatal semi truck accident statistics
- Filing a claim after a fatal semi truck accident in California
- Legal considerations when filing a claim after a fatal semi truck accident
- How can an experienced truck accident lawyer help you?
Was your loved one the victim of a fatal semi truck accident?
Fatal Semi Truck Accident Statistics
Fatal semi-truck crashes pose a significant concern on roadways across California, with profound consequences for individuals and their families. The enormous size and weight of these commercial vehicles can result in deadly collisions that often lead to the tragic loss of life.
Every year, countless lives are affected by the consequences of fatal semi-truck accidents. These accidents can occur for various reasons, including driver error, mechanical failures, inadequate training, or negligent practices within the trucking industry. Examining the statistics related to these accidents helps shed light on their frequency, contributing factors, and impact on public safety.
- The National Security Council (NSC) shares that California is among the states with the most deaths resulting from large truck crashes, with 437 deaths in 2021.
- According to the National Highway Traffic Safety Administration (NHTSA), 71% of people killed in fatal accidents involving trucks were occupants of passenger vehicles.
- Large trucks comprised 9% of all vehicles involved in fatal accidents.
- About 63.54% of fatal semi-truck collisions occur during the daytime.
- A report by the NHTSA shares that 3% of truck drivers involved in fatal accidents had a blood alcohol concentration of .08 grams per deciliter or higher.
Through a closer examination of fatal semi-truck accident statistics, we can strive for increased awareness, improved safety regulations, and enhanced practices within the trucking industry.
Filing a Claim After a Fatal Semi Truck Accident in California
These devastating accidents involving large commercial trucks can cause catastrophic injuries or, tragically, result in fatalities. Filing a claim after a fatal semi-truck accident in California is a critical step for the surviving family members to seek justice and compensation for their tragic loss. Here’s a general guide on how to proceed:
- Notify the authorities – Immediately contact the local law enforcement agency and report the accident. They will dispatch officers to the crash scene, investigate the incident, and create an official police report. The report will document essential details of the accident, which can be crucial evidence for your claim.
- Preserve evidence – Preserve all evidence related to the fatal crash, including photographs of the accident scene, vehicle damage, and any visible injuries. If possible, gather witness statements from individuals who observed the accident. Preserve any physical evidence, such as debris or damaged parts.
- Seek legal representation – It is highly recommended to consult with an experienced personal injury attorney who specializes in fatal semi-truck accidents. They will guide you through the legal process, protect your rights, and handle the complexities of your claim. They will also initiate an independent investigation to determine liability and gather the necessary evidence.
- Identify potentially liable parties – In fatal truck accidents, multiple parties could potentially be held responsible, such as the truck driver, trucking company, vehicle manufacturer, maintenance provider, or other involved entities. An experienced truck accident attorney will investigate the circumstances surrounding the accident to determine liability and identify all potentially responsible parties.
- Evaluate damages – The insurance companies may respond with a settlement offer. Your attorney will review and negotiate the offer on your behalf, seeking fair compensation. If a satisfactory settlement cannot be reached, your attorney will advise you on the possibility of filing a wrongful death lawsuit. They will guide you through the litigation process and represent your interests in court if necessary.
- File a claim – With the assistance of your attorney, prepare and file a wrongful death claim against the responsible parties insurance companies. The claim should include a demand for compensation that reflects the losses incurred by the surviving family members. Your attorney will ensure that all necessary documents, evidence, and legal requirements are met.
- Negotiation – The insurance companies may respond with a settlement offer. Your attorney will review and negotiate the offer on your behalf, seeking fair compensation. If a satisfactory settlement cannot be reached, your attorney will advise you on the possibility of filing a wrongful death lawsuit. They will guide you through the litigation process and represent your interests in court if necessary.
Was your loved one the victim of a fatal semi truck accident?
Legal Considerations When Filing a Claim After a Fatal Semi Truck Accident
When filing a wrongful death claim after a fatal semi-truck accident in California, several important legal considerations come into play. Understanding these considerations can help you navigate the claims process effectively. Here are key legal aspects to consider:
Wrongful Death Lawsuit
In California, a wrongful death lawsuit can be filed by certain eligible individuals who have suffered the loss of a loved one due to the negligence or wrongful act of another party. The lawsuit seeks to hold the responsible party accountable and recover compensation for the damages caused by the death.
Statute of Limitations
When filing a wrongful death claim, one must be aware of the statute of limitations for filing a wrongful death claim. In California, the general statute of limitations for wrongful death claims is two years from the date of the decedent’s death. Failing to file within this timeframe may result in the loss of your right to seek compensation. However, exceptions and variations to the statute of limitations may exist, depending on the circumstances, so consulting with an attorney is essential.
Eligibility to File
Under California law, specific individuals are eligible to file a wrongful death claim, including the surviving spouse or domestic partner, children, or other individuals who would be entitled to the decedent’s property through intestate succession. If no such individuals exist, a putative spouse, children of a putative spouse, or stepchildren may be eligible to file.
Burden of Proof
In a wrongful death claim, the burden of proof rests with the claimant. To succeed, you must establish that the defendant’s negligence or wrongful actions directly caused the death of your loved one. This typically requires presenting evidence to demonstrate that the defendant breached their duty of care, and that breach was a substantial factor in causing the fatal accident.
Damages in Wrongful Death Claims
California law allows for various types of damages in wrongful death claims. These can include economic damages, such as medical expenses, funeral and burial costs, loss of financial support, and loss of household services. Non-economic damages may also be sought, including compensation for the loss of companionship, guidance, and emotional support.
Comparative Fault
California follows the principle of comparative fault, which means that the court may allocate fault and damages proportionally based on the degree of each party’s negligence. Even if the deceased may have shared some responsibility for the accident, it may not necessarily bar you from seeking compensation. However, the compensation awarded may be reduced accordingly.
How Can An Experienced Truck Accident Lawyer Help You?
When filing a claim after a fatal semi truck accident in California, having an experienced lawyer by your side is in your best interest. Wrongful death claims involve complex legal procedures, a lawyer will have the in-depth knowledge needed to navigate the legal system on your behalf.
Having evaluated the full extent of your losses and damages, your lawyer will fight to recover the maximum compensation possible in your case. Not only will a truck accident attorney handle all the complex legal paperwork of your claim, but they will also protect your interests from insurance companies who may wish to lower the value of your claim to avoid offering you a fair settlement.
Hire an Award-Winning Personal Injury Lawyer Today!
At Farahi Law Firm, we understand the difficulty of dealing with your loved one’s death and filing a claim. We are here to help.
Our dedicated team of lawyers, doctors, and case managers are committed to winning our clients the justice and compensation they need and deserve. We work on a contingency fee basis. No Fees Unless We Win!
Contact us at (844) 824-2955 for a free case consultation. We are available 24/7!
