Cypress Truck Accident Lawyers
Truck accidents often result in major injuries or fatalities often to the occupants of the other vehicle that is hit by the big rig.
A truck accident resulting in a wrongful death is when an individual is killed as the result of someone else's negligence or wrongdoing.
For example, when a negligent driver causes a fatality during a truck accident, the victim's family can pursue financial compensation for their terrible loss.
Filing a wrongful death claim can be a complicated, time consuming process and it is common to see the insurance companies fight the claim every step of the way. The experienced Cypress personal injury attorneys at Bisnar Chase can help the victim's family collect evidence, determine liability and hold the at-fault party accountable for the victim's injuries.
The Importance of Negligence
Not all fatal truck accidents may result in a wrongful death lawsuit. However, when a Cypress truck accident occurs because of a truck driver's wrongful actions or the trucking firm's negligence, then the victim's family can seek compensation by filing a wrongful death lawsuit against the driver and his or her employer. Examples of negligent acts that can result in a fatal Cypress truck accident include:
- Speeding: Large trucks are hard enough to stop at slow speeds. Truck drivers who exceed the speed limit or who fail to adjust their speed to adverse road conditions put everyone on the roadway at risk like the case of a big-rig crash closed 5-to-14 freeway truck lanes in Sylmar. Speeding trucks are more difficult to maneuver and much more difficult to stop.
- Unsafe lane changes: It is crucial that truck drivers check their blind spots multiple times before changing lanes.
- Drunk driving: While noncommercial drivers are not considered impaired until their blood alcohol concentration exceeds .08 percent, a commercial driver is considered impaired if he or she has a BAC of .04 or higher. This restriction is important because truck drivers who are under the influence can do substantial damage.
- Drowsy driving: Falling asleep at the wheel is unfortunately a common cause of truck accidents. Truck drivers who attempt to push through fatigue in order to meet delivery deadlines are more likely to drift out of their lane or lose control of their vehicle.
- Failure to yield the right-of-way: Negligent truck drivers often fail to check for oncoming traffic before making a turn at an intersection or into their destination.
- Poor vehicle maintenance: It is the responsibility of the trucking company to ensure that their vehicles are serviced and maintained properly. When a truck accident occurs as a result of poor truck maintenance, the trucking company can be held liable.
How to File a Truck Accident Wrongful Death Claim
Often times, wrongful death claims are filed by immediate family members of a deceased victim such as his or her spouse, children, parents, siblings or other individuals who were financially dependent on the victim.
Damages that may be sought in a wrongful death claim include medical expenses, lost future wages and benefits, funeral costs and loss of love and companionship.
Wrongful death is a civil action as opposed to a matter that is dealt with in criminal court. While a criminal prosecution could result in penalties such as jail time or fines, only a civil lawsuit could result in monetary compensation for the deceased victim's family.
It is important that victims' families understand this important distinction and an experienced Cypress truck accident attorney can help with this.
If you have lost a loved one in a crash, the Cypress truck accident lawyers of Bisnar Chase can help you better understand your legal rights and options. We have more than three decades of experience protecting the rights of injured victims and their families. Please call us at 949-203-3814 for a free, comprehensive and confidential consultation.
Bisnar Chase Personal Injury Attorneys 1301 Dove St. #120 Newport Beach, CA 92660