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What to Do if You Lose Someone in a Truck Accident in Anaheim

— March 22, 2022

When you lose someone in a truck accident, you must file a wrongful death claim.

Anaheim, CA – One of the most dramatic truck accidents ever registered in Anaheim happened in August 2021, when a dump truck veered off a freeway ramp, went through a carport and crashed into two apartment buildings killing a resident in his own living room. The truck driver was not under the influence of alcohol or drugs at the time, which led the investigators to conclude that the unusual crash must have been caused by a medical issue or a mechanical problem. 

Every year, 2-300 people are killed in truck accidents in California. Such a tragic death will devastate the whole family, while also leaving them in serious financial problems. If you recently lost someone in this type of crash, you need to schedule a free consultation with a reliable Anaheim truck accident lawyer right away. There’s nothing a lawyer can do about your grief, but a good professional can make sure money won’t be a problem for your family.

How is liability determined after a truck accident?

If you want to recover the damages you deserve, an experienced California truck accident lawyer can conduct an independent investigation into the crash to determine who might be liable for your considerable losses.

If the accident was caused by a clear driver error, you will have to file a wrongful death claim against their insurer. However, your lawyer will also try to establish whether the trucking company can be held accountable. 

For instance, in an accident caused by driver fatigue, the company may be held responsible if they failed to ensure that the driver obeyed federal road safety regulations. Under federal regulations, a commercial vehicle driver cannot be on the road for more than 11 hours in one shift, after which he needs to take a 10-hour break.

Excessive Work Hours Lead to Significant Health Problems, Death
Photo by Andrea Piacquadio from Pexels

At the same time, if the accident was caused by a mechanical failure your lawyer can build a case against the trucking company, as it is required by law to provide regular maintenance to its vehicles. If the accident was caused by a faulty brake system, a steering wheel problem or a blown out tire, it is certainly worth investigating whether you can file a claim against the company’s insurance. Trucking companies operating over state lines are required to carry a minimum of $750,000 in liability coverage. 

What type of damages can you recover after a fatal truck accident?

When you lose someone in a truck accident, you must file a wrongful death claim. You can claim economic and non-economic damages. Never accept a settlement without first consulting with a good accident attorney to understand how much your claim might be worth. 

Economic damages refer to your funeral and burial expenses, compensation for the financial support the deceased provided and for the services around the house they offered. For instance, if the deceased took care of the children and now you have to make different arrangements you deserve to be compensated for the additional financial burden.

Non-economic damages are meant to compensate you for the loss of affection, protection, moral support and companionship. Also, the children of the deceased deserve compensation for the loss of protection and guidance their parent provided.

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