Man Killed in Stockton Truck Crash

Man Killed in Stockton Truck Crash

A 54-year-old man was killed in a Stockton truck crash on the early morning of July 15, 2019. The collision occurred shortly after 4:30 a.m. along Mariposa Road near Austin Road. Officers from the Stockton Police Department responded to the truck accident and reported that it involved a Freightliner and a pickup. Sadly, the pickup truck driver was pronounced deceased at the scene by emergency personnel. His name has not yet been released due to pending notification of his family members. I would like to send my sincere thoughts and prayers to the friends and family of the man who passed away in this tragic crash.

What Are the Common Causes of a Stockton Truck Crash?

Commercial vehicles such as semi-trucks have the potential to cause devastating auto accidents. This is due to the overwhelming size and weight of the car. Truck crashes are sometimes caused by truckers and their employers due to:

  • Fatigue: Truck drivers and trucking companies are required to follow federal regulations regarding hours of service. These standards have been placed to restrict the number of hours a trucker can drive. They are also intended to decrease truck accidents caused by exhaustion.
  • Lack of Commercial Vehicle Maintenance: Trucking companies are required to ensure their vehicles are suitable for safe operation on the road. This is done by performing routine maintenance. When a trucker or their employer fails to do so, they may be held liable for any resulting damages. For instance, the failure to inspect or maintain the braking system for a truck can constitute negligence for an accident involving preventable braking issues.
  • Speeding: Truck drivers are often under immense pressure to meet strict delivery deadlines. By law, truckers are required to record destinations, times, and mileage in a logbook. A Stockton personal injury attorney can file a letter of preservation of evidence to obtain this information. The attorney can analyze these documents to determine whether the trucker was behind schedule and had a reason to speed before the truck crash.

Proving Liability in a Stockton Truck Crash

To collect compensation for a personal injury or wrongful death claim arising from a truck crash, a theory of negligence will need to be used to prove the case. This consists of the following four elements:

  • Duty of Care: The negligent party owed a legal duty of care to the injured or deceased person
  • Breach of Duty: The at-fault person breached or violated that duty of care
  • Causation: The responsible individual’s failure to exercise due care was the proximate cause of the injury or death
  • Damages: The injured person or decedent’s family suffered losses as a result of the breach

Multiple parties may sometimes be liable for the injuries or death suffered by a person involved in a truck crash. Potential third parties may include the trucking company who employed the trucker, insurance companies, contractors, or manufacturer of the big rig. For more information on how a trucking company may be responsible for a collision, watch the below video.

What Damages Can Be Recovered in a Stockton Wrongful Death Claim?

Recovery from a wrongful death claim is intended to offset the considerable emotional and financial hardships associated with a loved one’s unexpected death. Some common types of economic and noneconomic damages that come from these cases include:

  • Costs of medical treatment incurred by the deceased, which is recoverable through a survival action
  • Emotional suffering and mental anguish
  • Funeral and burial expenses
  • Loss of a loved one’s care, companionship, moral support, and guidance
  • Lost wages, including the loss of future earnings and benefits such as 401k, pension, and medical insurance provided for the family through the decedent’s employer
  • Punitive damages, which are intended only to punish the wrongdoer and discourage others from similar egregious acts such as truck driver fatigue for hours of service violation

Who Can File a California Wrongful Death Claim?

There are specific requirements one must meet to be eligible to file for wrongful death. Depending on which family members survived the deceased, a claim may be brought by the decedent’s surviving children, spouse, or domestic partner. If such parties are nonexistent at the time of the decedent’s passing, then other family members may be entitled to bring a claim. These include the putative spouse, parents, stepchildren, and children of the putative spouse. An experienced wrongful death attorney in Stockton can help a family determine whether they are eligible to pursue a claim under California law.

Stockton Personal Injury Lawyer

I’m Ed Smith, a Stockton personal injury lawyer. Being injured or losing your loved one in a truck crash is devastating. When you work with an attorney, you can rest assured knowing you and your family will receive fair compensation for your unexpected losses. If you or a loved one has been injured or killed in a truck accident caused by the fault of someone else, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.

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Picture Attribution: By “StockSnap” via Pixabay / Man Killed in Stockton Truck Crash

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