Maison Law Accident and Injury Lawyers of Fremont helps the families of those that are involved in fatal truck accidents. Like many places throughout California, truck accidents are one of the most likely types of accidents to end up causing fatal injuries. If you’ve lost a loved one or you want to know more about potential options in this situation, contact us today for a free, no-obligation consultation.
Should You Get a Lawyer After a Fatal Truck Accident in Fremont?
You obviously never want to be involved in any type of accident with a large semi-truck or any other type of truck in Fremont. Yet, these are one of the most common types of vehicle accidents you could be involved in, and they’re different from regular accidents in terms of their damage. When they result in fatal injuries, it’s even harder to handle. That’s why you should think about hiring us after a fatal truck accident. We can:
- Investigate who’s at fault
- Help gather important evidence
- Explain your legal options
- Guide you through the claims process
Every case is different, so we tailor our approach to your needs, making things easier for you during a tough time. But because there’s a process in place, it means figuring a few things out before you even reach the filing stage.
Who Pays for Damages After a Fatal Truck Accident in Fremont?
One of the first things you need to figure out after any truck accident is simple, yet challenging: figuring out who pays for your damages. The stakes are obviously raised when there’s a fatal accident, but the actual legal standard is still the same: showing negligence.
Negligence, at least in the context of a fatal truck accident, means showing:
- The truck driver or someone else had a legal duty to act in a way that keeps you and others safe
- They neglected to do that
- This negligence caused the accident
- The accident resulted in fatal injuries and other damage
But again, what makes a truck accident different is that there’s a lot of different people involved in the process of getting a truck on the road, and accidents aren’t always on the driver themself. So basically, it comes down to the specifics of the situation. Liability, then, can fall on any (or multiple) of the following:
- Truck driver – If the driver was speeding, drowsy, under the influence, or negligent in any way, they could be held responsible.
- Trucking company – The employer, often a trucking company, may be liable for the driver’s actions while they were working.
- Truck or parts manufacturers – If a defect or faulty part caused the accident, the manufacturer may be at fault.
- Cargo loaders – Improperly loaded cargo could lead to an accident, making those responsible for loading liable.
- Maintenance workers – If poor maintenance caused the crash, the maintenance crew might be held responsible.
- Other drivers – Like any accident, someone not directly involved in the collision can also share liability if they were being reckless and caused the accident.
There’s any number of potential parties that could be liable in a typical truck accident, but remember, it’s ultimately going to come down to what actually happened. And while that gives you and your family certain legal options, this is made more difficult when there’s fatal injuries.
How Does a Fatal Injury Change What You Can Do After a Truck Accident?
When fatal injuries occur in a truck accident in Fremont, the claim process becomes more challenging. While the steps remain similar, the focus shifts toward gathering evidence to show the full extent of the loss and damages. Here’s how the process changes when fatal injuries are involved:
- Call 911 – For fatal injuries, calling 911 is crucial. If you have non-fatal injuries, you can make this call, but someone will likely do this if you can’t. First responders will confirm the fatality and provide care if there are non-fatal injuries, all of which is important for a potential claim.
- Police Involvement – Fatal accidents require a much more detailed investigation by the Fremont Police Department (FPD) or California Highway Patrol (CHP). When they get to the scene, they’ll manage it and start gathering important information that can start your claim.
- Documenting the scene – If you’re able, focus on getting evidence of the fatality. Take photos of the scene, gather witness statements, and collect any other relevant visual proof of the accident itself. You’ll also need contact and insurance information from the truck driver or anyone else involved.
- Preserve any evidence – Keep all documents related to the accident, including medical records, funeral expenses, and any financial losses. This helps show the full impact on you and your family.
Handling fatal injuries in a truck accident involves more detailed documentation and evidence. Our team of truck accident lawyers are here to help you or your family through this difficult process.
What Legal Options Are There After a Fatal Truck Accident in Fremont?
At the very least, a truck accident in Fremont is likely to result in pretty serious injuries. It’s not hard to see why: big rigs and other semi-trucks are so much larger and heavier than your car, meaning any impact is going to be greater and can be even more dangerous if the truck is carrying chemicals or other hazardous cargo.
But the differences don’t stop there. A fatal truck accident actually requires a different type of claim be made to cover the damages. This is known as a “wrongful death” claim. It’s similar to a standard injury claim but can only be filed by certain people, such as:
- Surviving spouses
- Surviving children
- Personal representatives of the deceased’s estate
- Parents, siblings, or others if there are no surviving spouses or children, or if there’s not a will in place.
Once this is set, though, the claims process begins to take shape. It can either be done by filing an insurance claim (if there’s coverage) or a lawsuit. The aim is to cover damages, just like a regular injury claim. However, the damages in a wrongful death claim are built around things like:
- Medical and funeral expenses – These damages are for the costs of medical treatment and funeral services paid by the family.
- Loss of financial support – This provides financial support for the income the deceased would have earned and provided to their family.
- Loss of future earnings – Similarly, these damages cover any salary and benefits the deceased would have earned in the future.
- Loss of parental support – These damages provide financial considerations for the guidance and care the deceased would have given to their children.
- Loss of companionship – This provides financial support for the emotional and social void left by the deceased’s absence.
- Emotional distress – Lastly, your family can recover damages for the emotional pain and suffering caused by the loss.
In California, you or your family still only has two years from the date of death to file a wrongful death claim. So, it’s important to act quickly and figure out who will cover the damages. Our Fremont truck accident lawyers can help you get through this process and make sure you have a strong claim.
Dedicated Fatal Truck Accident Lawyers in Fremont
You never want to lose a loved one (or be the one lost) in an accident in Fremont, but with so many large trucks on the road, it’s always a risk. In these tragic situations, it’s important to look at the legal process and how it can help you and your family.
At Maison Law Accident and Injury Lawyers of Fremont, our dedicated team will be there to guide you or your family through the process and get results that will help everyone move forward. Contact us today to set up a free consultation to learn more.