Truck driver’s surviving loved ones can sue a trucking company, depending upon the unique circumstances of the accident.
A young truck driver was the unfortunate victim of a fatal accident in early January in Sacramento. The driver of the big rig died after his vehicle overturned and crashed in the area of Del Paso Road and I-5 according to Sacramento police. A CBS13 photographer on the scene said the truck cab and trailer were upside down. A few hundred people gathered near the Del Paso on-ramp to northbound I-5 where the crash happened to mourn his loss and will continue to seek answers for the cause of the crash. Surviving family members should speak with a truck accident attorney as soon as possible to allow legal professionals to assist with timely access to insurance funds to pay for the unexpected funeral and burial costs associated with the devastating loss. Attorneys will also be able to communicate with insurance carriers, and the accident scene reconstructionist to identify “at fault parties,” which may need to be sued for wrongful death in California.
Loss recovery
Truck driver’s surviving loved ones can sue a trucking company, depending upon the unique circumstances of the accident. The responsibility of the trucking company may rest on whether they provided to the driver: proper training, scheduling that followed state and federal hours of service guidelines, and provided a safely maintained vehicle, and properly loaded cargo, to assure safety standards were met. A California accident attorney can be instrumental in the recovery of damages when fault is determined.
Driver error
The recovery of insurance compensation may be complicated and in some cases the driver’s insurance benefits will have to be utilized to cover the damages and losses to surviving loved ones if driver actions are noted as the cause of the truck accident through:
- Distracted driving.
- Fatigue.
- Impaired driving.
- Speed.
- Lack of experience.
- Failure to obey traffic rules.
- Poor judgment.
Other individuals may be responsible for the accident and include:
- the trucking company (motor carrier),
- manufacturers of the trucks,
- manufacturers of parts that are basic to the truck’s safe operation,
- municipalities that maintain roadways for safe driving,
- truck maintenance providers,
- truck or trailer owners,
- people responsible for cargo loads,
- other vehicles that may have caused a truck to react in a way that exacerbates a crash situation.
Trucks in mechanics bays for service; image by Carlos Daniel, via Unsplash.com.
In any case, once fault has been determined, experienced truck accident lawyers in Sacramento can take the proper steps with insurance carriers, initiate litigation, and file wrongful death claims. The United States Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry to ensure standardized safety rules across the trucking industry.
Damages
Damages covered include medical bills, lost wages, property damages and wrongful death claims. California is a “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident. Individuals who are involved in a truck accident must file an insurance claim with the at-fault driver’s insurance company and should seek the advice of experienced Sacramento truck accident attorneys.
Hire an attorney
Contact an experienced California lawyer for a consultation, as they can research specific case facts and interpret the law to support an accident case’s best outcome toward compensation for wrongful death caused by the truck accident. Determining the percentage of fault is a matter for those who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident and driver fatigue may be identified as the culprit in your accident.
Sources:
https://fox40.com/news/local-news/hundreds-mourn-sacramento-man-killed-in-overturned-big-rig-crash/
https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/
https://www.fmcsa.dot.gov/regulations/hours-of-service
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