Since 1948, CCD Law has helped injury victims from truck accidents in Spokane. Every accident involving a large truck, whether it’s an 18 wheeler or a box truck, is going to be more serious in terms of the outcome. The worst outcome of these accidents are fatal injuries. Yet, you and your family still have certain options that we can help you with. Contact us today for a free consultation.
Why Should You Get a Lawyer After a Fatal Truck Accident?
Even in a situation as tragic as a fatal truck accident, you’re not required to have a lawyer to file a claim. But, especially in a fatal truck accident, having our lawyers on your side is incredibly important. When you have to not only deal with the loss of a loved one, but also the legal process, it’s seemingly impossible. That’s why our team takes such pride in our approach to these cases. We can:
- Explain your family’s rights and options
- Help you and your family gather important evidence
- Figure out who is responsible for the accident
- Negotiate with insurance companies and trucking company lawyers
- File a wrongful death lawsuit, if necessary
Losing a loved one is incredibly difficult, and while no legal action can bring them back, we’re here to help you through the process. We’ll support your family in finding some closure and getting the financial help you need.
How is the Legal Process Different After a Fatal Truck Accident?
As you might expect, the legal process after a fatal truck accident in Spokane is a bit different. It’s focused on helping the surviving family members get financial support to cope with their loss. This is the core of your family’s legal rights in the case of a fatal truck accident. To get the process started, the family will need to file a “wrongful death” claim.
However, the first major difference is that in Washington, only a “personal representative” can file a wrongful death claim. This is usually a person named as an “executor” in a will. If there is no will, a probate court can name a personal representative to file the claim.
Once this is sorted out, though, the process reverts to normal, meaning that it can be filed either as an insurance claim (if there’s coverage) or through a lawsuit. But this brings up another difference: damages. In a wrongful death claim, the damages aren’t based on injuries, but rather the losses that come from the death of your loved one. Usually, this includes:
- Loss of companionship or parental guidance
- Loss of financial support, such as salary or benefits
- Loss of future earnings
- Emotional pain and suffering
- Medical, funeral, or burial expenses
It’s important to act quickly, as you have only three years from the date of death to file a wrongful death claim. Truck accidents can be complex, and evidence can disappear over time, so moving swiftly helps to get the best outcome for your family.
Who’s Responsible For a Fatal Truck Accident?
Even in a fatal truck accident, the starting point of the claims process is the same: figuring out who’s responsible. And like other accidents, this “liability” is based on proving negligence. But also like other truck accidents, this can be really hard to untangle because of so many people being involved. Generally, though, this legal responsibility is going to fall on:
- The truck driver – The truck driver is going to carry at least some fault in a majority of accidents, especially if they were speeding, tired, distracted, or otherwise careless in some way.
- The trucking company – The company that employs the driver may be held responsible for their actions while driving.
- The truck or parts manufacturer – If the accident was caused by a defect in the truck, the manufacturer might be liable.
- Cargo loaders and companies – If improperly loaded cargo caused the crash, those who loaded the truck or worked for the company that made the cargo could be responsible.
- Maintenance workers – If the accident happened because of poor maintenance, the maintenance crew might be at fault.
- Other drivers – If another driver acted recklessly and contributed to the accident, they may share responsibility.
Figuring out who’s responsible depends on the details of the accident. Since many people may be involved in a truck accident, it’s important to investigate and find out who’s liable. Protecting your family’s claim is just as important during this process.
What Can You Do To Protect Your Claim After a Fatal Truck Accident?
Being in a truck accident is scary enough on its own, but when it turns fatal, it raises the stakes. Whether it’s you that suffer fatal injuries or someone you care about, this is by far the worst thing that can happen in one of these situations. But, because there’s a legal process in place, there’s certain steps that need to be taken to protect a potential claim:
- Call 911 – As soon as you are safe, call 911 to report the accident. This will ensure that the police and emergency medical services come to the scene. Make sure to ask for medical help for anyone who is injured.
- Start gathering information – Get names, phone numbers, driver’s license numbers, and insurance details from everyone involved, especially the truck driver. Also, make sure to get contact information from anyone who witnessed the accident.
- Record the scene – If it’s safe, take pictures or videos of the accident scene. Make sure to document any damage to your car, road conditions, and anything else that might be relevant. Keep any police reports and medical records, since these documents can help your case.
- Track expenses – Make sure to keep a record of all your expenses, especially medical bills and funeral costs. This information will help show how the accident has financially impacted your family.
- Don’t admit fault – Try not to make any statements that could imply you are at fault for the accident. Anything you say might be used against your claim later on.
While these steps are important, the reality is that a fatal truck accident makes this very difficult–even impossible if you’re the one that’s killed or you weren’t in the accident. But again, it’s this information and evidence that sets the foundation for your family’s claim. That’s why it’s so important.
Why Do Truck Accidents Turn Fatal in Spokane?
Truck accidents can happen anywhere in Spokane, and while not every accident is deadly, those that involve negligence can lead to serious tragedies. Knowing the common types of fatal truck accidents can help you understand your legal options, and as you might expect, they’re pretty similar to regular truck accidents:
- Rear-end collisions – When a truck collides with your smaller vehicle from behind, the impact can be deadly due to the truck’s weight and size.
- Rollovers – Large trucks can tip over, especially during sharp turns or at high speeds, leading to deadly crashes.
- Jackknife accidents – This happens when a truck’s trailer swings out at an angle, potentially causing multi-vehicle accidents that can result in fatal injuries.
- Underride accidents – Smaller cars can slide under a truck’s trailer during sudden stops, which can cause catastrophic injuries or fatalities.
- T-bone collisions – When a truck strikes the side of another vehicle, often at intersections, the direct impact can lead to serious injuries or death.
- Head-on collisions – These happen when a truck crashes directly into your vehicle, often at high speeds, leading to devastating injuries or fatalities.
Even though these accidents happen more than you’d like, you have to remember that even a fatal truck accident gives you and your family certain legal options. Again, it can’t bring back a loved one, but a successful claim–and our guidance–can make things a bit easier.
Contact CCD Law After a Fatal Truck Accident in Spokane
With the number of trucks on the road in Spokane and surrounding area, the risk of accidents is always present, and unfortunately, these accidents can easily result in the death of you or someone you care about.
Although it’s hard to think about, preparing for what comes next is very important. At CCD Law, we understand how devastating a fatal truck accident can be. Our team is here to guide and support you and your family during this difficult time. If you’ve lost a loved one in a fatal truck accident, contact us today for a free consultation.
