Losing a loved one as a result of a big rig wrongful death
truck accident is an unimaginable tragedy that no family should ever have to endure. The immense grief and pain are often compounded by the knowledge that these accidents, involving big rigs and semi-trucks, are frequently preventable. When a family member's life is cut short due to the negligence or recklessness of others, it is considered a wrongful death, and the family has the right to seek justice and compensation for their profound loss.
Filing a Truck Accident Wrongful Death LawsuitIn the state of California, the wrongful death statute allows certain family members to file a lawsuit against the parties responsible for their loved one's death in a commercial truck accident. This law recognizes the emotional and financial devastation that families face in the wake of such a tragedy and provides a means for them to hold accountable those whose actions or inactions led to the fatal incident.
Under California law, the following family members are eligible to file a wrongful death claim:
- The deceased person's surviving spouse or domestic partner
- The deceased person's surviving children
- The deceased person's parents or siblings may file a claim if there is no surviving spouse, domestic partner, or children.
- If they can show they were financially dependent on the deceased, the deceased person's stepchildren, putative spouse, or children of the putative spouse may also be eligible to file a claim.
If you’ve lost a loved one in a California truck accident, you and your family only have a limited time to file a lawsuit against the responsible parties. This time limit, known as the statute of limitations, is generally two years from the date of your loved one's death. While this may seem like a lot of time, you must act quickly. Valuable evidence, such as black box data, can get lost or destroyed after a crash. Your attorney must act swiftly to ensure all evidence is gathered and preserved so that you have the best chance of winning your wrongful death case. Who Is Responsible After a Wrongful Death Trucking Accident?After a fatal commercial truck accident, multiple parties may be held responsible for the wrongful death of your loved one. These parties can include:
- The truck driver, if their negligence, recklessness, or violation of traffic laws contributed to the accident
- The trucking company, if they failed to properly maintain vehicles, enforce safety regulations, or adequately train and supervise their drivers
- The manufacturer of the truck or its parts, if a defect or malfunction played a role in the accident
- Other third parties, such as cargo loaders or maintenance contractors, whose actions may have contributed to the fatal incident
Seeking Justice and Compensation After a Fatal Truck AccidentDetermining liability in a commercial truck accident is complex and requires a thorough investigation into the causes of your loved one’s accident. The dedicated big rig injury accident legal team at
Cerri, Boskovich, and Allard understands the intricacies of California's wrongful death statute and has extensive experience in handling cases involving big rig and semi-truck accidents.
We recognize that no amount of financial compensation can ever replace the loss of your loved one. However, pursuing a wrongful death claim can help your family secure the resources needed to cope with the financial burdens that often accompany such a tragic loss, including medical expenses, funeral costs, lost income, and the loss of future financial support.
Holding the responsible parties accountable for their actions can also provide a sense of justice and closure, knowing that your loved one's death was not in vain and that steps are being taken to prevent similar tragedies from occurring in the future.
Contact Our Truck Injury Wrongful Death AttorneysIf your family has suffered the devastating loss of a loved one in a California commercial truck accident, we urge you to contact the compassionate and experienced injury accident attorneys at Cerri, Boskovich, and Allard. We are here to guide you through this difficult time, fight for your rights, and ensure your family receives the justice and compensation you deserve. Allow us to shoulder the legal burden while you focus on healing and honoring the memory of your cherished loved one.