Commercial trucks are a vital part of our nation’s economy, transporting goods across highways and interstates every day. But when something goes wrong, especially in high-traffic areas, the results can be devastating. One recent crash involving a semi-truck and a pickup truck on Highway 101 in California is a tragic reminder of just how catastrophic these accidents can be.
Improper turns, such as attempting a left turn across oncoming lanes, are a leading cause of collisions involving large commercial vehicles. When these accidents result in the loss of life, surviving families are often left grappling with shock, grief, and serious legal questions.
At Kherkher Garcia, our truck accident attorneys help families navigate the complex aftermath of fatal truck accidents, ensuring they have the support and guidance they need to pursue justice.
The Dangers of Truck Accidents
Truck accidents are more likely to result in serious injury or death than accidents involving passenger vehicles. The sheer size and weight of 18-wheelers, freightliners, and other commercial vehicles can make even a seemingly minor collision deadly. When a big rig crosses into another lane or fails to yield the right of way, such as in the California crash, the impact can be catastrophic.
Some of the most common causes of fatal truck crashes include:
- Improper turns or failure to yield
- Driver fatigue
- Speeding or aggressive driving
- Brake or mechanical failure
- Blind spot errors
- Inadequate training or supervision
Improper left turns, in particular, are especially dangerous on highways and rural roads, where vehicles are moving at high speeds. When a commercial driver misjudges the timing or distance needed to safely turn across oncoming traffic, the consequences can be deadly.
Injuries Common in Truck Collisions
For those who survive a truck accident, the injuries are often life-altering. And for families who lose a loved one, the emotional and financial toll can be immense. Common injuries seen in truck collisions include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Severe fractures and orthopedic trauma
- Crush injuries and amputations
- Internal bleeding or organ damage
- Burn injuries from fuel or chemical spills
Fatalities are tragically common in collisions involving commercial trucks, particularly for the drivers and passengers of smaller vehicles like sedans or pickups.
Who Can Be Held Liable in a Fatal Truck Accident?
Determining liability in a truck accident requires a thorough investigation, as multiple parties may be at fault. In a case where a truck makes an improper turn and causes a fatal crash, the following parties could potentially be held liable:
- The truck driver, for negligence or reckless driving
- The trucking company, for inadequate training, pressure to meet unrealistic delivery deadlines, or negligent hiring practices
- The company responsible for truck maintenance, if mechanical issues contributed to the crash
- Third-party contractors, if cargo loading errors played a role
- Truck manufacturers, in cases of defective parts
Proving liability often involves reviewing dashcam footage, driver logs, black box data, witness statements, and accident reconstruction reports. This is why it is crucial for families to work with an experienced wrongful death attorney who is familiar with truck accidents.
Understanding Wrongful Death Claims After a Truck Accident
A wrongful death claim is a legal action brought by the surviving family members of a person who was killed as a result of someone else’s negligence or misconduct. In the context of a fatal truck accident, these claims are often filed against the driver, the trucking company, or both.
Who Can File?
Each state has its own rules, but generally, the following people may be eligible to file a wrongful death lawsuit:
- Surviving spouses
- Children of the deceased
- Parents (if the deceased was unmarried or had no children)
- In some cases, siblings or other close relatives
What Can Be Recovered?
Wrongful death claims can help families recover compensation for:
- Medical expenses related to the deceased’s final care
- Funeral and burial costs
- Loss of financial support
- Loss of companionship or consortium
- Pain and suffering experienced by surviving family members
- Punitive damages, in cases of gross negligence or misconduct
How a Wrongful Death Attorney Can Help
After a fatal accident, families often feel overwhelmed emotionally, financially, and legally. Insurance companies and trucking firms move quickly to protect their interests, often reaching out with fast (and low) settlement offers. It is important not to sign anything or accept any payment without first speaking to a lawyer.
At Kherkher Garcia, we fight to protect the rights of grieving families and hold negligent parties accountable. Our team will:
- Launch a thorough investigation into the crash
- Identify all responsible parties
- Preserve critical evidence
- Handle all communication with insurance adjusters
- Help calculate the full value of your losses
- File and litigate the wrongful death claim on your behalf
We work on a contingency fee basis, which means you don’t pay us unless we win your case.
FAQs: Fatal Truck Accidents and Wrongful Death Claims
If you have questions about truck accident or wrongful death claims, we have answers.
What is the time limit for filing a wrongful death claim?
Each state has a statute of limitations, typically ranging from one to three years. It’s essential to speak with an attorney as soon as possible to preserve your rights.
Can I sue the trucking company if the driver was at fault?
Yes. If the driver was working for a company at the time of the crash, the employer can often be held liable under vicarious liability laws.
What if the crash was partly the fault of my loved one?
In many states, you can still recover damages under comparative fault rules, as long as your loved one was not more at fault than the other party.
Do I need a lawyer to file a wrongful death claim?
While it is possible to file without a lawyer, trucking cases are highly complex and involve aggressive legal teams. An experienced attorney will protect your rights and maximize your compensation.
What if the truck driver wasn’t charged with a crime?
Wrongful death claims are civil cases, not criminal. You may still pursue compensation even if no criminal charges were filed.
Don’t Face This Alone – Let Kherkher Garcia Help
If your family is grieving the loss of a loved one due to a truck accident, you don’t have to go through it alone. The team at Kherkher Garcia is here to stand by your side, fight for justice, and help you recover the compensation your family deserves.
We understand that no amount of money can undo what happened. But holding negligent parties accountable can provide closure, financial stability, and a sense of justice during the most difficult time in your life.
Contact Kherkher Garcia today for a free consultation. Let us help you take the first step toward healing and justice. Call us now or fill out our online contact form to get started.
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