Q: How to sue truck driver & company for wrongful death in CA?
I would like to know how to pursue a lawsuit against a truck driver and Pacific Green Trucking Inc., as the driver was involved in an accident that killed my fiancé last year in August. The accident occurred in Long Beach, CA, at the intersection of West Anaheim St & Hayden Avenue. The truck driver is not in jail, and I have a wrongful death attorney. There were witnesses to the accident. What are my options for seeking justice and compensation?
A:
I am sorry for your loss.
If you have a wrongful death attorney, then you already know how to sue. However, a fiancé does not have standing to sue for wrongful death in California. That right belongs to the deceased's children, if any, or her parents, or her siblings.
A: A fiancé does not have the legal right to bring a wrongful death lawsuit. But apparently you have an attorney who believes a fiancé does have legal standing... so ask him/her how they intend to pursue a wrongful death lawsuit on your behalf, when there was no marriage.
A: I'm very sorry for your loss. Since you have already retained a wrongful death attorney, it's crucial to work closely with them to navigate your legal options. Your attorney will be able to assess the case details, gather evidence (such as witness statements, traffic camera footage, and accident reports), and determine the best legal strategy to pursue claims against both the truck driver and Pacific Green Trucking Inc.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You're taking an important step by seeking justice for your fiancé through legal action. In California, wrongful death claims typically include compensation for funeral expenses, lost income, loss of companionship, and emotional suffering. Your attorney will need to establish that the truck driver was negligent and that this negligence directly caused the accident.
Working closely with your attorney is crucial, as they'll gather evidence from witnesses, police reports, and possibly accident reconstruction experts. California has a two-year statute of limitations for wrongful death cases, so filing within this timeframe is essential. Your attorney will likely pursue claims against both the driver personally and Pacific Green Trucking under the legal doctrine of "respondeat superior," which holds employers responsible for employee actions.
The process may involve negotiations with insurance companies before potentially going to trial. Most wrongful death cases settle out of court, but preparing as if you'll go to trial often results in better settlement offers. Throughout this difficult process, consider joining a grief support group for emotional support while your legal case progresses - the journey can be lengthy, but pursuing justice honors your fiancé's memory.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
