Compensatory Damages in a Fatal Truck Accident
When a loved one dies from a truck accident, the truck driver and trucking company may be held responsible. Victims and their families can file a civil lawsuit to recover damages. These are known as compensatory damages, which are meant to reimburse the victim or family for their losses. Compensatory damages can be awarded for both economic and non-economic damages.
California Truck Accident Statistics
Truck accidents are unfortunately becoming more and more common in California. In 2021, there were 3,063 truck accidents statewide, resulting in 1,316 injuries and 175 fatalities. This is a significant increase from the 2,795 truck accidents that occurred in 2020.
Of those truck accidents that resulted in injury or death, distracted driving was a contributing factor in 18% of cases. Driving under the influence of drugs or alcohol was a contributing factor in 4% of cases. Speeding was a contributing factor in 16% of cases.
Trucking companies are required to carry insurance, which is meant to cover the costs of any damages that their truck drivers cause. However, these insurance companies are often reluctant to pay out on claims. This is why you need an experienced truck accident attorney in your alley to help you fight for the compensation you deserve.
What Are Compensatory Damages?
Compensatory damages are meant to reimburse the victim or family for their losses. This can include both economic and non-economic damages. Economic damages are damages that have a specific monetary value, such as medical bills, lost wages, and funeral expenses. Non-economic damages are damages that do not have a specific monetary value, such as pain and suffering, emotional distress, and loss of companionship.
Compensatory damages can be either actual or punitive. Actual damages are meant to reimburse the victim or family for their actual losses. Punitive damages are meant to punish the truck driver or trucking company for their negligence through a monetary award.
Damages in a Fatal Truck Accident
In a fatal truck accident, the victim’s family may be able to recover compensatory damages for their economic and non-economic losses. This can include damages such as medical expenses, lost wages, funeral expenses, pain and suffering, emotional distress, and loss of companionship.
The death of a loved one is a tragic and devastating event, and no amount of money can ever truly make up for that loss. However, filing a civil lawsuit can help the family get the justice and compensation they deserve.
Wrongful Death
A wrongful death is a death that was caused by the negligence of another person. In a truck accident, this can be the truck driver or trucking company. If the truck driver or trucking company is found to be at fault for the accident, the victim’s family may be able to file a wrongful death lawsuit to recover damages.
The people eligible to file a wrongful death claim in California are the victim’s surviving spouse, domestic partner, or children. If the victim does not have a surviving spouse, domestic partner, or child, then the claim may be filed by the victim’s parents or sibling.
Unfortunately, trucking companies and their insurance companies will often try to deny responsibility for the accident. They may even try to blame the victim for the accident. That is why it is important to have an experienced truck accident attorney on your side.
How to File for Compensation in California
If you or a loved one has been involved in a truck accident, you may be entitled to compensation. Here are the steps to file a claim:
- Speak with a truck accident lawyer to discuss your case and determine if you have a claim.
- Gather evidence to support your claim, including police reports, medical records, witness statements, and photos of the accident scene.
- File a truck accident claim with the truck driver’s insurance company.
- If the insurance company denies your claim or offers an insufficient settlement, you may need to file a lawsuit.
A truck accident lawsuit involves a lot of complicated legal procedures, and it is important to have an experienced truck accident lawyer on your side. The truck accident lawyers at Ayuda California have the knowledge and experience to help you get the compensation you deserve.
Factors That Can Affect The Value Of A Wrongful Death Claim
The value of a wrongful death claim will depend on several factors, such as the victim’s age, health, and income. The amount of pain and suffering the victim experienced before their death will also be considered. If the truck driver or trucking company is found to be at fault for the accident, they may also be ordered to pay punitive damages.
The average settlement ranges from $1 million to $3 million. However, each situation is different and the actual amount of damages will depend on the specific facts and circumstances of the case.
Was Your Loved One In A Fatal Truck Accident? Ayuda California Is Here For You
If you or a loved one has been involved in a truck accident, it is important to speak with an experienced truck accident lawyer. The attorneys at Ayuda California have extensive experience handling truck accident cases and can help you get the compensation you deserve. Our skilled truck accident attorneys can guide you through every step of the legal process and fight to get you the best possible outcome.
We work on a contingency fee basis, which means we don’t get paid unless you get paid.
You have nothing to lose and everything to gain by speaking with us. Call us today at (844) 865-0721 or fill out our online form to schedule a free consultation.
We are available for your 24 hours a day, 7 days a week.
