Person Killed in Fresno County Fatal Truck Accident
One person was killed in a fatal truck accident in Fresno County on the evening of Wednesday, November 25, 2020. The Fresno big rig crash occurred in the Fowler area at South Temperance Avenue and East Lincoln Road at approximately 6:00 p.m. The driver of a tractor-trailer, a 29-year-old man from Fremont, reportedly did not see a vehicle approaching and pulled out in front of the car, causing a semi-truck wreck. Sadly, the driver of the passenger vehicle, 57-year-old Lorene Negrete of Del Rey, was declared deceased at the scene of the Fresno County truck accident. The California Highway Patrol (CHP) said drugs or alcohol do not appear to be a factor in the fatal big rig crash. Officials also said the truck driver is cooperating with the CHP traffic investigation and is expected to face charges of vehicular manslaughter.
Loss of a Loved One to Wrongful Death
Losing someone you love is a tragic event. The unexpected and sudden death of a close relative may cause overwhelming grief, especially when the loss has resulted from the actions of others. Wrongful death occurs in a fatal big rig crash when recklessness or negligence results in a loss of life. Under these circumstances, surviving family members may bring a wrongful death claim against a negligent truck driver or trucking company for their loss and damages incurred. These may include medical bills, funeral costs, loss of future earnings, loss of protection, guidance, and care, and more. Such cases must prove that the at-fault party acted negligently and failed to uphold their duty of care owed to the decedent. In fatal truck accident cases, there is usually a breach of duty attributed to the failure of meeting state and federal government regulations.
Federal Regulations on the Trucking Industry
A commercial truck driver is held to a higher standard than a driver of a passenger vehicle when it comes to road safety. Trucking firms are also subject to many federal and state government regulations. The federal agency involved with the regulation and safety oversight of commercial vehicles is the Federal Motor Carrier Safety Administration (FMCSA). Some of the federal regulations that must be followed for those involved in the commercial trucking industry include:
- Alcohol and drug testing in the workplace
- Electronic logging devices (ELD) for the automatic recording of Hours of Service (HOS) and driving time while monitoring miles driven, engine hours, location, and movement of the big rig
- Safe practices truck drivers must follow when transporting hazardous materials
- Proper securement of loads and cargo
For details on how truck accident cases are different from car accident cases, watch the video below by our injury lawyers.
Wrongful Death Claims Against Insurance Companies for Fresno County Fatal Truck Accident Claims
Commercial trucks and trucking companies generally have insurance policies with higher bodily injury liability coverages. This is because big rigs are overwhelming in size and weight compared to passenger vehicles, and truck firms must protect their assets. However, high policy limits do not necessarily mean the truck driver, trucking company, or insurance company wants to pay what is fair for every personal injury and wrongful death claim.
Insurers are focused on their bottom line and will do everything in their power to avoid paying out claims. One defense tactic for limiting financial liability for a fatal big rig crash is to convince the family of the decedent to accept a quick wrongful death settlement after the incident. Insurance carriers will offer a quick settlement in hopes of your family signing a waiver of your right to seek full and fair compensation for your loss. While such offers may be tempting to accept, they may not be even close to the amount of wrongful death compensation you and your family rightfully deserve. You should never accept an offer from the insurance company until you have spoken to an experienced and top-rated wrongful death attorney in Fresno. At AutoAccident.com, our lawyers can conduct an independent investigation of the big rig crash, evaluate wrongful death damages, and determine the true value of your claim. We can advise you of your legal options for recovery and the best course of action moving forward.
Wrongful Death Attorney in Fresno
I’m Ed Smith, a Fresno wrongful death attorney. The loss of a loved one is always a tragic, life-changing experience. If it occurs due to negligence by a truck driver or trucking company, it can be especially devastating for the family. This can cause surviving family members to suffer emotional and financial hardship for years to come. Let our car accident lawyers help. Call us today at (559) 377-7676 or (800) 404-5400 to receive our compassionate, free, and friendly legal advice on your situation.
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