Losing a loved one is heartbreaking, but when that loss happens suddenly in a truck accident, the emotional and financial impact can feel unbearable. If your family member was killed in a truck accident, you’re likely overwhelmed with questions: What are your legal options? Who is responsible? How can you secure justice and the compensation your family deserves?
We know how complex truck accident cases can be at Ernst Law Group, and we’re here to guide you through this challenging time. In this blog, our California truck accident lawyers walk you through the crucial steps to take after a family member is killed in a truck accident, how wrongful death lawsuits work in California, and what you can do to hold the responsible parties accountable.
Immediate steps to take after a truck accident
In the aftermath of a fatal truck accident, it’s difficult to think clearly. However, certain steps can help protect your family’s legal rights and hold responsible parties accountable.
1. Report the accident
If the accident hasn’t already been reported to the authorities, contacting law enforcement is crucial. A police report will document important details of the accident, including witness statements, the location, and any potential contributing factors, such as driver negligence or unsafe road conditions.
2. Gather information
While it may be emotionally challenging, gathering as much information as possible about the accident is important for your case. This includes obtaining:
- Police reports
- Contact information for witnesses
- Photos or videos of the accident scene (if available)
- Information about the truck driver and the trucking company
Your attorney can help you collect this information, but the more details you have early on, the better your chances of building a strong case.
3. Consult with a wrongful death attorney
Truck accident cases are complicated, often involving multiple parties, including the truck driver, the trucking company, and potentially other third parties, such as cargo loaders or manufacturers. Consulting with an experienced wrongful death attorney is essential to understanding your legal rights and options. At Ernst Law Group, we specialize in handling cases where a family member is killed in a truck accident, and we’re here to help you every step of the way.
Filing a wrongful death lawsuit in California
If your family member is killed in a truck accident, you may have the right to file a wrongful death lawsuit in California. Wrongful death claims are designed to compensate surviving family members for the financial and emotional losses they suffer due to their loved one’s death.
Who can file a wrongful death lawsuit?
In California, specific family members are eligible to file a wrongful death lawsuit, including:
- The surviving spouse or domestic partner
- Children of the deceased
If there is no spouse or child, other heirs may be eligible, including parents or siblings
Under California law, these individuals can seek compensation for the loss of their loved one. Consulting an experienced attorney will help determine if you qualify to file a wrongful death claim.
Statute of limitations for wrongful death lawsuits in California
It’s essential to act quickly if you are considering filing a wrongful death lawsuit. In California, the statute of limitations for wrongful death claims is two years from the date of the death. You may lose your right to seek compensation if you do not file your claim within this time frame.
However, exceptions may apply, particularly if the case involves a government entity or if the discovery of negligence occurred later. An attorney from Ernst Law Group can advise you on how the statute of limitations applies to your case.
How Ernst Law Group can help
At Ernst Law Group, we understand the immense pain and challenges families face after losing a loved one in a truck accident. Our experienced attorneys are dedicated to fighting for justice for victims’ families and ensuring those responsible are held accountable. We will guide you through the legal process, handle negotiations with insurance companies, and pursue the full compensation you deserve.
Contact Ernst Law Group for a free consultation
If your family member was killed in a truck accident, don’t navigate this difficult time alone. Contact Ernst Law Group for a free consultation to discuss your case and explore your legal options. We are committed to providing compassionate, experienced representation and will fight for the justice and compensation your family deserves.
