September 24, 2018 Category: Truck Accidents
A Pasadena truck accident on the 210 Freeway earlier this month has claimed the life of the big rig’s driver. According to reports, the semi-truck collided with a small SUV. The driver of the SUV was able to regain control of his vehicle, but the truck driver was not. The big rig jackknifed, hit a tree, and then overturned.
The cause of the truck accident is still under investigation. However, preliminary assessments indicate the truck driver was at fault. Fatigue, which is a common problem for truck drivers across the country, could have certainly contributed to the crash.
Who Can I Sue If the Negligent Party Dies in the Accident?
Whenever someone is injured in a Pasadena accident through little-to-no fault of their own, they may be able to file a lawsuit for damages. The lawsuit should name the person (or parties) responsible for causing the accident and injuries. In California, anyone who contributes to an accident can be liable for damages. When more than one person causes an accident, each is liable to the degree he or she caused the accident.
Who can the driver of the SUV turn to if he needs to recover compensation for property damage or personal injuries? Even though the truck driver, who is likely responsible for the accident, died in the crash, the other driver isn’t barred from getting the money he needs.
The Truck Driver’s Employer: The driver of the SUV can name the truck driver’s employer as a defendant in a personal injury lawsuit. Trucking companies that employ drivers have a responsibility to make sure that their employees are properly licensed and trained. Employers must also ensure that drivers adhere to state and federal trucking guidelines. If the employer knew that the driver was operating the truck while fatigued, or drove in excess of permissible hours, they may be liable for damages.
The Truck Driver’s Insurance Company: Insurance policies exist to cover the cost of injuries and damage in an accident. Just because a policyholder dies doesn’t mean that a victim can’t recover benefits from their insurance policy.
The Truck Manufacturer: What happens if an investigation shows that the accident was caused, in part, because of a defect in the truck? The victim could file a product liability lawsuit against the company that designed, manufactured, or sold the truck or defective part.
Other Drivers on the Road: Why did the truck driver lose control of the vehicle? If an investigation shows that another driver contributed to the accident, the SUV driver could seek compensation from them. Remember, anyone who contributes to an accident can be liable for damages.
Local and/or State Government: Did dangerous road conditions contribute to the accident? Were road signs the truck driver needed to see obscured by tree limbs or bushes? If so, the government may be liable for damages resulting from the Pasadena truck accident. The driver of the SUV can file a claim against the government. However, he’ll have to act quickly, because procedures for government claims are accelerated.
What Damages Can the Pasadena Victim Recover?
Accident victims in California can seek monetary damages by filing a personal injury lawsuit. In most cases, victims will be entitled to both economic and non-economic damages. Economic damages compensate for financial costs, while non-economic damages make up for physical and emotional injuries.
Commonly awarded damages in Pasadena personal injury lawsuits include those for:
- Medical bills
- Lost wages
- Property damage
- Emotional trauma
- Chronic pain
- Loss of enjoyment of life, and
It’s important to work with an experienced personal injury lawyer who knows how to identify the damages you may be able to collect. Your attorney will fight to recover compensation from anyone who played a role in causing your accident and injury.
An unexpected accident can be overwhelming. Speaking with an attorney can help you identify your legal rights and options. Contact our attorneys today for immediate assistance.