California is a hub of truck traffic for many reasons. Its location on the Southern border and the Port of Los Angeles means traffic is headed in and out of the state.
Each day, scores of large trucks on the road compete with passenger vehicles for scarce space on already-crowded highways. In some cases, the truck driver can cause a fatal crash.
One Law Group represents the families who seek the legal representation of a California wrongful death lawyer who with experience in truck accident cases. Contact us to begin your case involving a fatal truck accident — justice for your loved one is our priority.
Common Types of Fatal Truck Accidents
Frequent types of California truck accidents that turn fatal include:
- Head-on collisions
- Cargo falling off the truck
- Underride accidents
- T-bone accidents
- Rear-end accidents
How Truck Drivers Cause Fatal Accidents
Unfortunately, it is often difficult for trucks and cars to coexist on the area road because of careless and reckless actions by truckers and their employers.
Truckers and trucking companies may cause fatal crashes with the following negligent or reckless actions:
- Speeding to make up time or make a delivery without being late
- Driving past the time when they are legally obligated to rest
- Driving distracted because they are doing other things behind the wheel on a long journey
- Putting trucks onto the highway that need maintenance and are not roadworthy
- Putting inexperienced truck drivers onto the road without proper training and monitoring
- Improperly loading cargo because truckers are in a hurry to get onto the road
These are common examples of trucking negligence that causes a wrongful death.
Proving Negligence in a Wrongful Death Truck Accident Claim
To receive financial compensation, you must prove that the truck driver breached the duty of care. Negligence means that someone acted unreasonably under the circumstances.
Your truck accident attorney can gather the following evidence that can prove that the truck driver or the trucking company was negligent:
- Witness testimony that details what the driver did so you can compare it to what a reasonable driver will have done
- Black box data that can show the speed of the truck and how it was being driven
- Corporate records from the trucking company that can include maintenance and inspection data, as well as the driver’s records
- Testimony from an accident reconstruction expert that gives an opinion about what caused the accident
- Pictures from the scene of the accident
Some of this evidence is in the hands of the trucking company, and they will not give it to you without a fight that you will have before your case goes to trial.
Possible Defendants in a Truck Accident Wrongful Death Lawsuit
You can hold the trucking company legally responsible when the truck driver was negligent. There is a principle of common law that says that the employer must pay for their employee’s negligence when it occurred on the job.
Truck accidents are different from the average motor vehicle accident because there is a corporate defendant and usually more damages at stake. On the other side, you have a trucking company that may try to hide the truth and an insurance company that does not want to write you a large check.
Suing the trucking company is important because it means that you will have access to a large insurance policy, which will almost always exceed $1 million. If the trucking company does not have enough insurance coverage to pay for your injuries, you can gain access to the trucking company’s assets.
Juries have been known to issue stiff verdicts against trucking companies, especially when they have found a pattern or shocking illegal behavior.
Compensation in a Wrongful Death Truck Accident
If your loved one died in a truck accident, your family could file a wrongful death lawsuit to be paid for the damages that you suffered when your family member died. Your family can receive the following in compensation:
- The wages that your loved one would have earned had they continued working
- Payment for the loss of the relationship that you had with your loved one
- Compensation for the grief and trauma that your family endured when your loved one tragically died
You Need a California Truck Accident Lawyer Experienced in Wrongful Death
Given the high stakes, you need an experienced lawyer to guide you through the process. A truck accident lawyer will do the following for your case:
- Investigate the cause of the crash and compile evidence
- Figure out the proper defendant to sue – there is a chance that you can join additional parties to the lawsuit, such as the manufacturer of the truck or a third party that loaded cargo onto the truck
- Estimate the total value of your damages – with a large amount of money on the line, you should properly value the case so you don’t leave money on the table
- Submit your claim to the insurance company or file a lawsuit in court
- Negotiate a settlement agreement or present your case to the jury
You cannot and should not try to handle any of these matters on your own in a truck accident case.
Contact a California Truck Accident Lawyer
The One Law Group would provide your family with aggressive legal representation if your loved one died in a truck accident. We offer free consultations to families, where we will discuss your case and your legal options. We are not afraid to take your case to trial if a fair settlement cannot be reached.
To learn more, send us a message online or call us today at (844) 626-1529.
Wrongful Death Truck Accident FAQs
Will my truck accident case go to trial?
Most likely not. A large majority of truck accident cases will settle without the need for a trial, especially because the insurance company is scared of a jury.
Can I get punitive damages?
Punitive damages are not part of a wrongful death claim, but you can obtain them in a survival action.
When is the best time to call a truck accident lawyer?
As soon as possible after the accident. Any time when you do not have a lawyer presents a distinct risk to your legal rights.