What To Do After A Fatal Truck Accident In California
Legal Steps For Families After An Accident
Losing a loved one in a fatal truck accident is a heartbreaking and life-changing event. As a personal injury attorney in California, I’ve spoken with many families who are devastated and unsure of what to do next. The sudden loss, combined with the legal complexities of truck accident cases, can feel overwhelming. These cases often involve large commercial vehicles, multiple parties, and aggressive insurance companies—all while you’re trying to grieve and make sense of your loss.
In California, the law provides families with the right to pursue justice through a wrongful death claim. Under California Code of Civil Procedure § 377.60, surviving family members—including spouses, children, and sometimes parents or financial dependents—may recover compensation when someone’s death is caused by another party’s negligence or wrongful act. If your loved one died in a truck accident due to a truck driver’s error, vehicle malfunction, or a trucking company’s failure to follow safety regulations, you may be entitled to hold them legally accountable.
Report The Accident And Request The Crash Report
The first step is to ensure that the accident is properly reported. Fatal truck crashes are typically investigated by law enforcement, and a detailed crash report will be generated. This document will include initial findings and is critical to building your case. Request a copy from the California Highway Patrol or the investigating police department as soon as it becomes available.
Contact A Wrongful Death Attorney With Experience In Trucking Cases
Truck accidents are very different from standard car accidents. They may involve federal and state transportation laws, logbook reviews, maintenance records, and complex liability issues. You need someone who understands how to investigate these crashes, identify all liable parties, and preserve key evidence. We often issue letters of preservation to ensure trucking companies don’t destroy black box data, maintenance logs, or personnel records.
Understand Who Can File A Wrongful Death Claim
Under California law, a wrongful death claim must be filed by eligible family members or personal representatives of the estate. This includes:
- The surviving spouse or domestic partner
- Children or stepchildren
- If no direct descendants exist, other relatives who would inherit under California’s intestate succession laws
Act Quickly To Protect Your Legal Rights
The statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of death under California Code of Civil Procedure § 335.1. If you miss this deadline, you may lose your right to seek compensation. We recommend speaking with an attorney as soon as possible so we can start building a case and protecting your rights immediately.
Fatal Truck Accident Frequently Asked Questions
Who can file a wrongful death claim after a fatal truck accident in California?
California law allows certain family members to file a wrongful death claim, including the spouse, domestic partner, children, and other dependents. If the deceased left no spouse or children, parents or siblings may be eligible under the state’s inheritance laws.
How long do I have to file a wrongful death lawsuit in California?
The general statute of limitations is two years from the date of the victim’s death under California Code of Civil Procedure § 335.1. It’s critical to begin the process early so important evidence is preserved and your legal rights are protected.
What types of damages can we recover in a fatal truck accident case?
You may recover compensation for medical expenses, funeral costs, loss of financial support, and emotional damages like loss of companionship or guidance. Each case is unique, so the value depends on several factors, including the victim’s age, income, and relationship to surviving family members.
Who can be held liable in a fatal truck accident?
Liability may fall on multiple parties, including the truck driver, the trucking company, a maintenance provider, or even the manufacturer of defective parts. Our job is to identify all responsible parties to maximize the compensation available to your family.
Do we need to prove negligence to win a wrongful death case?
Yes. You must show that the defendant owed a duty of care, breached that duty, and caused the fatal accident. We collect and analyze evidence such as driver logs, crash reports, and witness statements to support your claim.
What if my loved one was partially at fault for the accident?
California follows a pure comparative fault rule. That means even if your loved one was partially at fault, your family may still recover damages, though the compensation may be reduced based on the percentage of fault assigned to them.
What makes fatal truck accident cases more complex than other wrongful death cases?
Truck accidents often involve federal regulations, commercial insurance policies, and large corporate defendants who have legal teams ready to fight. These cases require detailed investigation, fast action, and legal skill to build a strong and persuasive claim.
Will the case go to court, or can it be settled?
Many wrongful death claims are resolved through settlement negotiations, but some proceed to trial if liability is disputed or the insurance company refuses to offer fair compensation. We prepare every case as if it’s going to court so we are ready for either path.
Can we recover emotional damages like grief and suffering?
While California law does not compensate for grief alone, families can recover for the emotional impact of losing a loved one, such as the loss of love, companionship, care, and affection.
What if the truck driver was on drugs or fatigued at the time of the crash?
Evidence of impaired or fatigued driving is critical to proving negligence. We investigate whether hours-of-service rules were violated or whether drug or alcohol testing was conducted after the crash. This can strengthen your claim and possibly support punitive damages.
Contact Our Oakland Truck Accident Attorney For A Free Consultation
If you’ve lost someone in a fatal truck accident, we’re here to help you get answers and hold the responsible parties accountable. At Bracamontes & Vlasak, we’re committed to guiding families through this difficult process with compassion and strength.
Contact our Oakland truck accident lawyer at Bracamontes & Vlasak by calling 415-835-6777 to receive your free consultation. Our office is located in Oakland, and we represent injury victims across the entire Bay Area and throughout the state of California.
