Families grappling with the untimely death of a loved one are often intimidated by the complexity of the legal system. Filing a claim, collecting and presenting evidence, negotiating, and agreeing to a settlement are left entirely to the grieving and inexperienced family.
At HHJ Trial Attorneys, our San Diego car accident lawyers are passionate about supporting these families and protecting them from having their claim undervalued. Read on to find out more about commercial vehicle crashes that lead to wrongful death claims and the importance of working with a legal representative who prioritizes your needs.
What Are Wrongful Death Claims?
Anyone can file a wrongful death claim in California when a loved one dies due to the negligence or reckless behavior of another party. A wrongful death claim has two primary purposes. Firstly, to financially compensate the decedent’s family for their economic and psychological damages. Secondly, to hold the responsible party accountable. Wrongful death claims are civil lawsuits that are not intended to punish the wrongdoer, but rather to provide for the family financially.
Why Commercial Vehicles Are Uniquely Dangerous
A commercial vehicle is any type of vehicle used to transport goods or passengers. Trucks, buses, and delivery vans are the most common types of commercial vehicles. However, rideshare cars, such as Uber, are also classified as commercial vehicles. While commercial vehicles carry the same risks as any other car, large commercial trucks are significantly more dangerous. 18-wheeler trucks, for example, can cause catastrophic accidents due to their size and weight.
The stopping distance of a large vehicle is significantly longer than that of a car, and driver visibility is often limited. Driver fatigue, improperly loaded cargo, inadequate inspections and maintenance, distracted driving, and speeding are common causes of commercial vehicle crashes. Commercial vehicles are subject to strict regulations regarding hours of service and safety protocols, which, if violated, are a clear indication of negligence.
What Sets a Commercial Vehicle Collision Apart?
Because companies typically own commercial vehicles, liability for accidents they cause can extend beyond the driver’s personal liability. Employers, vehicle manufacturers, cargo loaders, and maintenance contractors can be held responsible if their actions or inactions contributed to the crash. Holding the responsible party accountable requires clear and convincing evidence of that party’s negligence, which is typically collected through investigation.
Investigating Liability for Death Caused by a Commercial Vehicle Crash
Proving liability for a wrongful death caused by a commercial vehicle crash can be complex. The claimant must show that the fatal accident was a direct result of the defendant’s negligence. The only way to demonstrate negligence is through a thorough investigation to collect irrefutable evidence. Evidence plays a critical role in wrongful death cases.
The family’s legal representative typically carries out the investigations. They will examine driver logs, black box data, vehicle maintenance records, eyewitness accounts, and surveillance footage. Investigations also determine whether the company complied with state safety regulations and, if not, the reasons for the neglect
In some cases, liability can be assigned to multiple parties. In California, courts employ a comparative negligence system, which enables the fair allocation of fault among the parties responsible. In commercial vehicle accident cases, the driver, the company owner, and the cargo loaders may all share responsibility for the wrongful death.
Why Are Wrongful Death Cases So Challenging?
Taking legal action for the wrongful death of a loved one is vital. However, it can be emotionally and psychologically taxing. Large companies typically have legal teams that utilize every available resource to minimize the company’s payout. Settlement negotiations can be drawn out due to liability disputes or attempts to shift blame.
It can be immensely difficult for families to navigate the unfamiliar legal system while dealing with their grief. It’s essential to have the support of an experienced attorney for expert legal guidance, ensuring you’re not manipulated or taken advantage of by the defendant and their insurance provider’s bad faith tactics.
Compensation Awarded in Wrongful Death Cases in California
Families who successfully prove wrongful death due to a commercial vehicle crash can recover various types of compensation, referred to as damages. Economic damages cover quantifiable financial losses, such as medical expenses incurred before death, funeral and burial costs, loss of income, lost employment benefits, and loss of financial support for children.
Non-economic damages encompass intangible losses that do not have a direct monetary value, such as pain and suffering endured by the decedent, loss of companionship, emotional distress, and loss of parental guidance. Because commercial vehicle crashes often have devastating consequences, compensation can be substantial, depending on the circumstances of the accident.
Wrongful Death Attorney San Diego
Seeking justice for the death of your loved one may seem like an overwhelming process that’s impossible to understand. With HHJ Trial Attorneys, you will have a wrongful death attorney from San Diego by your side, and you don’t have to face any part of this process alone. We have decades of experience and a passion for helping those who can’t navigate the legal system due to inexperience or psychological exhaustion. Contact us to schedule a consultation, and we will help your family obtain the justice you deserve.
