Large commercial trucks can weigh tens of thousands of pounds, and when they collide with smaller passenger vehicles, the consequences are often devastating. These crashes frequently result in severe injuries, long-term disabilities, and, tragically, loss of life.
Unlike typical car accidents, truck accidents involve multiple layers of responsibility and are governed by strict federal and state regulations. Determining who is liable requires a thorough investigation and a deep understanding of the trucking industry. That is why it is essential to reach out to an experienced personal injury and wrongful death attorney.
What Is Wrongful Death?
Wrongful death claims arise from instances where a negligent party’s wrongful act causes or contributes to another’s death. In most cases, this involves the breach of a duty of care, the obligation to avoid careless acts. This can stem from car accidents, fires, slips and falls, and even medical malpractice.
While laws vary by state, a wrongful death claim seeks to hold the responsible party accountable for their actions. It also aims to provide financial support for the surviving members of the estate. Children, surviving spouses, domestic partners, and grandchildren (if the children have died) can file wrongful death lawsuits. Note, you must complete this within the statute of limitations; otherwise, you may forfeit your right to file a claim.
California aims to protect the families of victims of wrongful deaths. Wrongful death attorneys in Los Angeles will work tirelessly to achieve justice under California law for the surviving family. Before you file a claim or work with an insurance company, it is wise to talk to a lawyer. They can help you understand your rights and advise on the best course of action to recover maximum compensation.
Liability in Truck Accidents
The trucking industry is regulated by numerous federal rules. There are requirements for nearly every aspect of the trucking business, from driver training and hours of service to weight limits for each truck. If any of these rules are violated, the driver and/or the company responsible can be held responsible. Because of this, trucking accidents are very complex because they can involve one or more liable individuals.
Liability in a truck accident can fall on one or more of the following:
- Truck driver for driving fatigued or distracted
- Trucking company for insufficient driver training or overscheduling, improper maintenance, etc.
- Cargo loading company for overloading
Navigating Your Trucking Wrongful Death Claim
Loved ones of truck accident victims frequently feel overwhelmed by the claims process, especially while coping with grief, emotional trauma, and sudden financial strain. Understanding what’s required and what to expect can make the process more manageable.
What Evidence Is Needed To Prove Liability In A Fatal Truck Accident?
Key evidence includes the truck driver’s logbooks, accident reports, black box data, maintenance records, and witness statements. An experienced trucking injury attorney will also investigate whether the trucking company complied with federal and state safety regulations.
What Damages Can Be Recovered In A Wrongful Death Claim After A Fatal Truck Accident?
Depending on the case, the court may award punitive damages and economic damages. This may cover any medical bills, funeral costs, lost earnings, and even loss of companionship.
How Long Do Families Have To File A Wrongful Death Claim In California?
In California, families have two years from the date of the fatal accident to file a wrongful death claim. However, starting the process early helps preserve evidence and strengthen your case.
Can Families Still Recover Damages If The Deceased Was Partially At Fault?
Under California’s pure comparative negligence law, families can still recover compensation even if the deceased shared some fault. However, the total amount awarded can be reduced by the percentage of fault assigned to the deceased.
Settlement
A truck accident settlement is a negotiated agreement between the victim (or their estate) and the perpetrator. Depending on the case, either the Defendant’s insurance company will pay, or they may pay out-of-pocket.
Settlement can occur at any point in the litigation process. In some cases, parties may settle before the filing of a personal injury or wrongful death lawsuit. It can even occur after a judge has reached a verdict in court. Settlements are common in these accidents, as trials can be lengthy and expensive for both sides.
Plaintiffs may also prefer settlement as they get their compensation faster, and are ultimately in control of the negotiations. In that sense, a settlement may seem less risky than a trial.
However, it is important to consider that settlement packages are often smaller than those trial packages. It is also worth noting that settlements are final. If any new injuries or expenses arise from the initial accident, you will not receive further compensation.
Wrongful death settlements work similarly. A wrongful death attorney in Los Angeles can help you prepare all the evidence necessary for a just settlement.
Schedule a Free Consultation With the Best Wrongful Death Attorneys (Los Angeles)
It is best to work with a personal injury or wrongful death lawyer in Los Angeles. They can give you a more accurate and tailored approach to your case.
If you or someone you love suffered injuries or passed in a car or truck accident, our Los Angeles wrongful death lawyers can help. John J. Perlstein is known as the best personal injury attorney in Los Angeles, has over 25 years of experience securing fair and just outcomes in these cases. Call (213) 583-5786 or fill out the form for a free consultation with one of the top Los Angeles wrongful death law firms.