San Pablo Fatal Truck Accident Lawyer

The Law Office of Nikolaus W. Reed helps victims injured in truck accidents in San Pablo. Facing a truck accident is always difficult, but it takes on higher stakes when they turn fatal. Unfortunately, this is a common outcome for a lot of truck accidents. Our team can guide you and your family through the legal process. Contact us today for a free consultation.

Should You Hire a Lawyer?

Even with a fatal truck accident, you don’t have to hire a lawyer. However, such an accident is one of the clearest examples of when you actually need a lawyer’s help. Fatal injuries in a truck accident is by far the worst outcome, but my firm has the experience and resources to help you and your family move forward. Here’s how we approach these cases:

  • Clearly explaining things – We explain your family’s legal rights and all available options in straightforward terms.
  • Helping with evidence – Our team helps gather critical evidence needed to build a strong case.
  • Figuring out liability – We investigate to pinpoint who is legally responsible for the accident.
  • Negotiating – We handle discussions with insurance companies and trucking firms’ attorneys to get your family a fair settlement.
  • Filing a lawsuit – If it’s in your best interest, we’re prepared to file a wrongful death lawsuit on your behalf.

Losing a loved one is heart-wrenching, and while legal action can’t change that, we’re here to help you find some closure and secure the financial support your family needs during this difficult time. For as difficult as it is, though, the starting point is still the same: figuring out who’s responsible.

Who’s Liable in a Fatal Truck Accident?

When there’s a truck accident, it’s usually pretty tough to figure out liability. It doesn’t always fall on the driver–although they’re usually involved in some way. The reason liability in a truck accident is so difficult to untangle is that there’s a lot of people and groups involved in operating a truck.

Then, when you factor in the difficulty with a fatal accident, it makes everything more difficult. Generally, though, it’s still all about establishing “negligence.” With that, liability usually falls on the following in a truck accident:

  • Truck driver – Often, drivers are at least partially responsible, especially if speeding, driving while tired, distracted, or acting carelessly.

 

  • Trucking company – The employer of the driver may be held accountable for actions the driver took while on the job.

 

  • Truck or parts makers – If a defect in the truck or one of its parts caused the accident, the manufacturer could be held liable.

 

  • Cargo loaders or company – If improperly loaded cargo led to the crash, those responsible for loading or creating the cargo may be at fault.

 

  • Maintenance workers – If poor maintenance was a factor, the responsibility may rest with those in charge of truck upkeep.

 

  • Other drivers – In some cases, another reckless driver could share responsibility if they contributed to the accident.

 

  • City or state government – If poor road conditions or some other lack of infrastructure contributes to the accident, the city or state government could be liable.

 

Figuring out who’s responsible is key to protecting your family’s legal options. The fallout and damage from a fatal truck accident means that the legal process is going to be extremely important to how your family is able to move forward post-accident.

What Makes the Legal Process Different After a Fatal Truck Accident?

Obviously, a fatal truck accident is a lot different in relation to a regular truck accident. California law tries to address this by giving you or your family certain options–namely the ability to file a “wrongful death” claim. In California, though, only specific people can file a wrongful death claim after a fatal truck accident:

  • Surviving spouses, children, or domestic partners
  • Parents, heirs, stepchildren, or other family members if there are no spouses or children
  • Personal representatives of the estate named in a will

But that’s not the only difference. Once it’s established who can file the claim, and the claim is actually filed (through either an insurance claim or lawsuit), the damages that can potentially be recovered are also different. They’re not built around injuries, but the losses that come with a fatal accident. Usually, this involves:

  • Loss of companionship or parental guidance
  • Loss of financial support, salary, or benefits
  • Loss of future earnings
  • Emotional pain and suffering
  • Medical, funeral, or burial expenses

Even with the ability to file a claim, there’s still the statute of limitations to deal with. You only have two years to file a wrongful death claim after the accident, so it’s absolutely crucial to act quickly to get these damages. That said, another key is doing the right things to strengthen you or your family’s claim.

Can You Strengthen a Claim After a Fatal Truck Accident?

After a fatal truck accident, it’s important to take steps to protect your family’s wrongful death claim. This is much easier said than done though, because there’s serious injuries involved. That said, the following steps need to be taken in one form or another to strengthen a potential claim:

  • Call 911 – Always call 911 after a fatal accident. Emergency responders will confirm the details, assist anyone injured, and create an official report, which is key for your claim.

 

  • Work with police – Fatal accidents need detailed investigation, usually done by the San Pablo Police Department or California Highway Patrol (CHP). They collect crucial information from everyone involved, which can support your case.

 

  • Gather evidence if possible – If you’re able, gather as much information as possible. Take photos of the scene, note witness names, and get details from the truck driver. This can make your claim stronger.

 

  • Keep track of records – Save any records related to the accident, like medical bills, funeral costs, and other expenses. This shows the full impact of the loss on your family.

 

One way to think about this process is that it’s the same as any other accident in terms of what needs to be done. But the reality is that a fatal truck accident is much different. Our team can step in and help you get important evidence and information though.

How Do Truck Accidents Turn Fatal in San Pablo?

Truck accidents are a harsh reality of driving around San Pablo. While not every accident is fatal, the impact of a large truck can be devastating, especially when negligence is involved. Understanding the types of fatal truck accidents can help you be prepared if your family faces this difficult situation. Here are some of the more common types of fatal truck accidents that happen: 

  • Head-on collisions
  • Rear-end collisions
  • Jackknife accidents
  • Rollovers
  • Underride accidents

 

Truck accidents are traumatic, especially when they result in fatalities. If your family is coping with this loss, it’s important to understand your legal options.

Contact NWR Law After a Fatal Truck Accident in San Pablo

With so many trucks on the road in San Pablo, accidents happen more often than we’d like. Tragically, some of these accidents are fatal. Preparing for what comes next, while difficult, is essential. At NWR Law, we understand the pain and hardship a fatal truck accident brings, and we’re here to guide and support your family through the legal process. Contact us today for a free consultation if you’ve lost a loved one in a fatal truck accident.