Truck Accident and Wrongful Death
In 2022, there were 168,320 truck accidents, with a tragic 4,766 resulting in fatalities.
At Flahavan Law, we understand that losing a loved one in a truck accident is more than just an emotional loss; it often comes with significant financial burdens, from funeral expenses to lost income.
If you are grieving the untimely loss of a loved one due to a trucking accident, we extend our deepest sympathies. While no amount of compensation can replace your loss, holding the responsible parties accountable through a wrongful death claim can provide some measure of justice and financial relief.
Why File a Wrongful Death Claim?
The aftermath of a truck accident can be overwhelming, given the sheer scale of potential damage and loss. Trucks, due to their size and weight, can cause catastrophic harm. The financial implications can be extensive, including:
- Medical expenses
- Loss of potential income and earnings
- Loss of companionship
- Funeral expenses
- And more
A successful wrongful death claim can help mitigate these financial burdens by ensuring that the trucking company or their insurance provider is held accountable. Compensation may cover these expenses and, in some cases, provide for emotional pain and suffering experienced by the family.
It is important to note that a wrongful death claim is not solely about financial compensation. While it cannot bring back your loved one, it serves to seek justice and prevent future tragedies by holding responsible parties accountable.
What Constitutes Wrongful Death in California?
In California, wrongful death occurs when an individual's death is caused by the negligence, recklessness, or intentional misconduct of another party. This can involve drivers, truck companies, manufacturers, cargo loaders, or maintenance personnel who fail to uphold their duty of care.
Who Can Be Held Liable in a Truck Accident?
Multiple parties may be liable in a truck accident, including:
- The truck driver
- The truck company
- Truck manufacturers (including parts manufacturers)
- Cargo loaders
- Maintenance personnel
Each party's level of responsibility will depend on the specifics of the accident.
Who Can File a Wrongful Death Claim in California?
In California, certain individuals are eligible to file a wrongful death claim. Typically, immediate family members have the right to pursue a claim, following a specific hierarchy:
- Spouse or Domestic Partner: The first in line to file a claim.
- Children: If there is no surviving spouse or the spouse does not file a claim.
- Parents: If there are no surviving children, especially if financially dependent on the deceased.
- Siblings: In the absence of parents, financially dependent siblings can file a claim.
- Financial Dependents: Other financially dependent individuals, such as putative spouses, stepchildren, or the deceased's parents.
- Heirs: If none of the above parties are available, individuals entitled to the deceased's property under California's intestate succession laws.
These are general guidelines; the specific circumstances of each case may affect eligibility. Consulting with a knowledgeable wrongful death attorney is highly recommended.
Possible Damages Available
A wrongful death claim can include various types of damages to compensate for different kinds of loss, such as:
- Funeral and Burial Expenses: Covering the immediate costs following the death.
- Medical Bills: Compensating for medical treatment received before death.
- Lost Income: Covering the deceased's potential future earnings and benefits.
- Loss of Companionship: Also known as loss of consortium, compensating for emotional pain and suffering.
- Emotional Distress: Compensation for anxiety, depression, or other mental health issues resulting from the death.
The specific damages awarded depend on the case's circumstances and the losses suffered by the surviving family members.
Seek Justice With Flahavan Law
At Flahavan Law, we are dedicated to standing by your side every step of the way. We recognize the difficulty of this time for you and your family and are committed to providing the support you need. If you seek a team that will tirelessly fight for justice on behalf of your loved one, please reach out to us.










The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.