Fatal Truck Accidents
Fatal truck accidents are devastating for everyone involved. It can be life changing if your loved one was killed at the hands of a negligent driver. When this is the case, you may be able to recover compensation for your losses through a wrongful death case.
A wrongful death claim can help you secure the financial future for you and your family after a tragic loss, but it’s not an easy feat. You will be required to prove the responsible party’s negligence is what caused your loved one’s death.
Fatal Truck Accident Attorney in Los Angeles
You may be worrying about paying for funeral costs and medical bills following the death of a loved one in an 18-wheeler accident. Let Yarian & Associates, APC carry the burden of pursuing a claim to cover these damages. We’ll aggressively fight on your behalf to ensure the entity responsible is held accountable for your pain and suffering.
Call (844) 291-1911 to schedule a case consultation. Yarian & Associates, APC represents clients in areas such as Los Angeles, Visalia, Riverside, Fresno Irvine and San Bernardino.
- Grounds for Wrongful Death Claim
- Who Can File a Wrongful Death Claim in California?
- What Can be Recovered in a Wrongful Death Case?
- Additional Resources
Grounds for Wrongful Death Claim
When someone is killed as a result of a wrongful act or negligence, it is considered a wrongful death. A wrongful death claim is filed in civil court and allows the victim’s family to recover monetary damages. In the event of a fatal truck accident, the wrongful death is based on negligence.
To establish liability, you will have to prove the defendant’s negligence is what caused your loved one’s death. According to California Law, negligence is the failure to show reasonable care to prevent harm. This can include:
- Failing to do something a reasonable person would have done in the same situation; or
- Doing something a reasonable person would not have done in the same situation
A common example of negligence in a fatal truck accident is speeding. All drivers are required to abide by the speed limit. Failing to do so and colliding with a vehicle and killing its passengers would be considered negligent. Other examples of negligent driving behaviors can include reckless driving, distracted driving and driving under the influence.
Who Can File a Wrongful Death Claim in California?
California law only grants certain individuals the right to file a wrongful death suit. Just because you were a close friend of the deceased does not grant you the right to recover compensation from their death. According to section 377.60 of the California Code of Civil Action, the following parties can file a wrongful death suit:
- Spouse of the deceased
- The domestic partner of the deceased
- Children of the deceased
- Personal representative
There are certain situations where the deceased does not have a surviving spouse or children. When this is the case, a suit may be brought by anyone who is legally entitled to the deceased’s property through a will. This typically includes the victim’s parents and siblings.
If proven, certain financially dependent individuals may also have the right to file suit. These people include:
- A common law spouse and children of the deceased
- Stepchildren of the deceased
- Parents of the deceased
What Can Be Recovered in a Wrongful Death Case?
The statutes governing wrongful death are relatively vague when it comes to damages that can be recovered. The law simply states any “just” damages can be provided in certain situations. Without a thorough evaluation of your situation, it is nearly impossible to say exactly how much may be recovered, but listed below are losses that you may be compensated for:
- Medical expenses from injuries leading to the victim’s death
- Funeral and burial costs
- Potential lost earnings the victim would have earned had they lived
- Loss of service around the house
- Loss of intangible support such as love and guidance
Punitive damages may also be awarded if the wrongful death was the result of intentional harm or extreme recklessness. Punitive damages are not based on your losses. Instead, this form of compensation is used to punish the defendant for their conduct.
It is crucial you act fast if you plan to file a wrongful death claim. According to California law, a wrongful death suit must be filed within two years from the date of the deceased’s death. You will lose your right to recover compensation if you fail to file a claim in civil court within this time.
Wrongful Death | California Code of Criminal Procedures – Follow the link provided to read the section of the civil code governing wrongful death. You can find a comprehensive list of individuals who are eligible to file a wrongful death claim and what is considered a domestic partner. You can also gain access to other statutes in the civil code.
Wrongful Death Jury Instructions – Jury instructions are guidelines for a jury when making judgments in a case. Follow the link to view a copy of the jury instructions used for wrongful death cases in California. You can find a list of questions the jury will ask themselves when deciding if a case falls within the scope of wrongful death.
Los Angeles Fatal Truck Accident Lawyer
It is imperative you contact legal counsel if your loved one was killed in a fatal 18-wheeler or semi-truck accident. The effects of unexpectedly losing a loved one are life-shattering. Let Yarian & Associates, APC help you pick up the pieces. We will do everything in our power to prove the negligent party was responsible and ensure you are fully compensated.
As your legal counsel, you will not pay a dime unless something is recovered. Call (844) 291-1911 to schedule a time to speak with us. We represent clients in areas throughout Los Angeles County and Tulare County.