Maison Law Accident and Injury Lawyers of Modesto helps victims of truck accidents throughout the city. Truck accidents in Modesto often lead to more serious injuries and damages compared to other types of vehicle accidents. However, if you’re involved in one, you still have legal options. If you or someone you know has been injured in a Modesto truck accident, contact us for a free consultation.
Why Should You Hire a Lawyer After a Fatal Modesto Truck Accident?
Legally, a truck accident is similar to any other vehicle accident, but in reality, they are usually much more serious. There’s a chance that your accident will only be minor, in which case you probably won’t need a lawyer, but that’s rare with truck accidents.
More to the point, when injuries in a truck accident are fatal, it makes everything tougher. That’s why you (or your family) should think about hiring our team after a fatal truck accident in Modesto. We have the experience and resources to help by:
- Looking into the accident and figure out who’s at-fault
- Helping you or your family gather crucial evidence
- Explain your family options and rights under the law
- Guiding you or your family through the claims process
Every truck accident is different, so we’ll tailor our approach to your situation. More than anything, we want to make the process as easy as possible for you. Considering what you and your family are going through, having our guidance and support can be crucial.
What Are Your Legal Options After a Fatal Truck Accident in Modesto?
Truck accidents in Modesto are incredibly challenging, none more so than when they result in fatal injuries. The large size of trucks and the potentially dangerous cargo they carry are big reasons why these accidents are so severe.
Legally speaking, fatal accidents are handled through “wrongful death” claims. This is fairly similar to a usual injury claim, with the main difference being that only certain people can file it, like:
- Surviving spouses
- Surviving children
- Personal representatives of the estate
From there, a wrongful death claim can be made either through an insurance claim out of court or by filing a lawsuit in civil court. Depending on the circumstances, any of the following could be recovered:
- Loss of financial support – These damages cover any money the deceased would have provided to their family.
- Loss of companionship – This provides financial support for the emotional and social loss of the deceased.
- Emotional distress – This provides for the emotional suffering caused by the loss.
- Loss of parental support – These damages give financial considerations for the guidance and support the deceased would have provided to their children.
- Loss of future earnings – These damages cover the salary and benefits the deceased would have earned in the future.
- Medical and funeral expenses – This covers any medical care and funeral expenses paid by the family.
In California, you have two years from the date of death to file a wrongful death claim. While it’s important to act quickly, it’s also important to figure out who pays for your damages.
Who Pays For Damages After a Fatal Truck Accident in Modesto?
It’s not just the tragic nature of fatal truck accidents that are challenging. In any truck accident, figuring out who pays for damages can be difficult because of the many different factors that are in play. The legal standard for a fatal truck accident in Modesto is similar to any other vehicle accident–liability is based on negligence.
But again, it depends on what actually happened. So, when there’s a fatal truck accident in Modesto, liability could fall on any or multiple of the following:
- Truck driver – In a lot of cases, the truck driver will be liable when they were speeding, drowsy, under the influence, or negligent in some way and that causes the accident.
- Trucking company – The driver’s employer, which is usually a trucking company, might also be responsible for the driver’s actions while on the job.
- Truck or parts makers – If there was a defect in the truck or a faulty part that caused the accident, the manufacturer could be liable.
- Cargo loader or maker – If the cargo was improperly loaded and caused the accident, those who loaded it might be at fault.
- Maintenance workers – If improper maintenance led to the accident, the maintenance crew could be responsible.
As you can see, many different factors come into play when it comes to liability for a fatal truck accident in Modesto. But when you factor in negligence, it narrows things down a bit. At the same time, after the accident, you or your family need to start laying the foundation for a potential claim.
How Can You Protect Your Claim After a Fatal Truck Accident in Modesto?
After a fatal truck accident in Modesto, it’s crucial to protect and strengthen your claim. That said, the nature of a fatal truck accident makes this process incredibly difficult–if not impossible when you or your loved one is killed. At the same time though, the legal process demands that you or your family show what happened. So, to protect a potential claim, the following steps have to be completed:
- Call 911 – The health and safety of you and your passengers is always the first priority. Call 911 right away for an ambulance. EMTs will take care of any non-fatal injuries at the scene.
- Tell the police about the accident – Move to a safe area and contact the Modesto Police Department (MPD) or California Highway Patrol. They will manage the accident scene and gather important information from everyone involved.
- Document the scene – Take detailed notes and pictures of the scene, including the date, time, weather conditions, and vehicles involved. Be sure to swap contact and insurance details with others at the scene, including any witnesses.
- Preserve evidence – Keep all important documents, such as medical records, hospital bills, funeral expenses, and repair estimates. These will be very important for your insurance claim or any legal action you or your family decide to take.
Even after a fatal truck accident, it’s essential to clearly demonstrate the extent of your damages to build a strong claim. You can rely on our Modesto truck accident lawyers for guidance and support, because this is a very challenging process.
Why Are Truck Accidents Fatal in Modesto?
What separates a truck accident from other vehicle accidents is how serious they are. This is only increased when these accidents turn fatal, and unfortunately, this is a common outcome with many truck accidents. This is true regardless of the type of truck, and happens because of the significant size and weight difference with trucks. Most urgently, it causes fatal injuries like:
- Traumatic brain injuries (TBIs) – Serious damage to the brain can occur from the force of the collision.
- Spinal cord damage – The impact can damage the spinal cord, leading to paralysis or death.
- Internal organ damage – Forceful collisions can cause internal bleeding and organ damage.
- Broken bones and fractures – The weight of the truck can crush smaller vehicles, leading to multiple severe fractures.
- Crushing injuries – The size of the truck can trap and severely injure occupants.
- Chest trauma – The impact can harm the chest and abdomen, affecting vital organs.
- Burns – Trucks carrying hazardous materials might catch fire, causing fatal burns or smoke inhalation.
Again, it’s worth repeating that many of these factors and injuries make truck accidents fatal. Even though you don’t want to think about it, you and your family have legal options.
Get Legal Help After a Fatal Modesto Truck Accident
A fatal truck accident in Modesto can have a profound impact on you and your family’s life. If you or a loved one has been affected by such an accident, our dedicated team of Modesto fatal truck accident lawyers is here to support you.
With extensive experience and a strong track record of success in handling these cases, we can help you through you and your family’s legal options. Contact us today for a free consultation to learn more about how we can help you.