Truck Accidents: Wrongful Death
Truck accidents frequently cause fatalities. While death can be the result of any type of auto accident, truck accidents are even more likely to claim the lives of those involved because of the sheer weight and size of the vehicle involved.
What is a Wrongful Death Claim?
A wrongful death is defined as the loss of a life caused by the wrongful actions of another and in the state of California, the deceased’s descendants may file a wrongful death claim to recover compensation for their loss. There are time constraints that the state puts on filing a wrongful death claim, which is called the statute of limitations.
Common Forms of Wrongful Actions in Truck Accident Cases
Each of the examples below may constitute wrongful action, and if any of these can be proven as the reason for the loss of your loved one, your chances of recovering financial compensation are strong:
- Brake failure
- Faulty hitch
- Faulty or missing trailer lights
- Truck driver inattentiveness
- Truck driver DUI/DWI
- Truck driver logbook falsification
- Tired truck driver
- Trucking company’s violation of government regulations
- Trucking company negligence
- Runaway trailer
- Underride collision
- Jackknife accident
- Overloaded cargo
What Factors Determine the Amount That Your Case is Worth?
Unfortunately, there is no short and simple way to determine the value of your wrongful death as the result of a truck accident claim. However, there are some factors which can indicate the level at which you may be compensated. Some of those factors include:
The earnings capacity, and number of dependents of the deceased.
Just as a quick example, the potential value of a wrongful death claim involving a 19-year-old who is single and unemployed will likely be less than that of a claim involving a 40-yea-old executive who is a husband and father of three children.
The amount of funds available to pay your claim (typically from an insurance company or corporation).
As a rule of thumb, the greater the insurance policy of the party who is proved to be responsible for the wrongful action that cause the death, the more the plaintiff stands to recover.
The skill and reputation of your attorney
When cases like these occur, the defendant (and their attorneys/insurance provider) is looking to pay out as little as possible. It is the job of your attorney to maximize that pay out for you. Attorneys who have little experience taking cases to trial will tend to demand smaller settlement offers from the defendant than those who have a proven track record of success taking cases to trial and winning large verdicts.
You May Have a Claim to Compensation
If you lost a loved one as a result of a truck accident, a wrongful death attorney can help you pursue compensation for your loss. Estey & Bomberger, LLP represents the families of those who have been killed in truck accidents in wrongful death actions.
So that we can determine whether you have a serious claim to compensation, please provide your name and phone number to the right. A representative from Estey & Bomberger, LLP will contact you shortly.
A Real Truck Accident Victim Shares Her Story:
Steve Estey explains truck accident cases: