California law provides an avenue for families to seek compensation and hold negligent parties accountable after a fatal truck accident. Wrongful death claims can give the family financial security, emotional closure, and justice for the untimely loss of their loved one. This blog helps families understand their options for compensation due to fatal truck accidents.
Causes of Fatal Truck Accidents
Vehicle collisions between two passenger cars can be devastating, but when 80,000 lbs trucks are involved, collisions can be catastrophic. Families or their legal representatives need to determine the cause of the accident, as it can help them determine the party responsible for the accident.
Driver Fatigue
Truck drivers often work long hours, sometimes exceeding legal limits to earn more money or meet strict customer deadlines. Fatigue has the same impact as alcohol on reaction time, decision-making, and overall cognition. The Federal Motor Carrier Safety Administration published a study stating that 13% of commercial vehicle drivers were fatigued at the time of their accidents. Fatigue also increases the risk of road rage-related collisions.
Reckless Driving
Reckless driving is an umbrella term for speeding, tailgating, violating traffic regulations, and driving under the influence. Dangerous driving behaviors are perilous when operating a large commercial truck. Trucks take longer to come to a complete stop and are far less maneuverable than cars. Proof of reckless driving is critical to establishing driver negligence.
Improperly Loaded Cargo
Improperly loaded or incorrectly secured cargo can cause trucks to become unstable, leading to rollovers, jackknifing, and cargo falling onto the road. Uneven cargo distribution makes it difficult for drivers to stay in control when going around corners or navigating tight spaces. In some cases, the party responsible for loading the cargo can be held liable for their contribution to the accident.
Distracted Driving
For decades, distracted driving has been one of the leading causes of accidents in the United States. Truck drivers may use GPS devices, text, make phone calls, eat, or handle paperwork while driving, interfering with their attention on the road. Truck drivers spend many consecutive hours in their vehicles, leading to boredom and increasing the chances of seeking potentially distracting entertainment.
Who Can File a Wrongful Death Lawsuit?
Laws dictating who may file a wrongful death lawsuit vary from state to state. In California, claims are typically filed by immediate family members such as spouses, domestic partners, children, or parents. In addition, dependent minors, stepchildren, and putative spouses may also file wrongful death claims. Siblings may be eligible to file if there are no immediate family members. However, they can be required to provide proof of the relationship.
Truck Accident Liability
One of the most complicated parts of truck accident claims is the possibility of multi-party liability. Identifying the potentially liable parties and proving the fault of each can add a layer of complexity to a wrongful death lawsuit.
Multiple Liable Parties
Depending on the specific cause and unique circumstances of the accident, several parties may be fully or partially liable. Due to comparative negligence, multiple parties can be held responsible simultaneously, including:
- The truck driver
- The trucking company
- Cargo loaders
- Truck maintenance providers
- The vehicle manufacturer
Evidence Used to Prove Liability
Gathering comprehensive evidence is crucial for proving negligence and maximizing the potential compensation awarded to the family. The most commonly used evidence in truck accident cases can include:
- Police reports
- Crash scene photographs
- Driver logs/electronic logging device data
- Maintenance and inspection records
- Witness statements
- Expert testimony
- CCTV and dashcam footage
Wrongful Death Compensation
Families pursuing a wrongful death claim may be entitled to various forms of compensation based on the specific impacts that the death had on them. Quantifiable economic damages such as medical expenses, funeral and burial costs, lost income, and loss of employment benefits are typically listed first. However, there are several non-economic damages that families may also claim.
Loss of spousal consortium, mental anguish, and loss of parental guidance are often included in claims made by the spouse or children of the deceased. Punitive damages may also be awarded to discourage similar actions in cases of particularly egregious actions or willful misconduct.
Survival Actions vs. Wrongful Death Lawsuits
California law allows for wrongful death claims and survival actions to be filed simultaneously. A wrongful death claim compensates the family for their personal losses resulting from the death. A survival action is filed by the deceased’s estate to recoup the damages they would have claimed in a personal injury lawsuit had they survived. Each claim has a specific purpose and addresses different forms of compensation.
Moving Forward After a Fatal Truck Accident
Fatal truck accidents often leave families facing immense emotional and financial burdens. By understanding the potential cause of the tragedy, the parties who may be liable, and the types of compensation available, families are empowered to seek accountability. If you have lost a loved one to a fatal truck accident, contact HHJ Trial Attorneys. Together, our truck accident attorneys will gather critical evidence, protect your family’s rights, and navigate the legal process.
