In the aftermath of a truck accident, victims can seek compensation from the at-fault party through a settlement. If you suffered damages in such an accident, you could submit a claim to the insurance company responsible for covering such damages. In such a case, you'll be better positioned to reach a settlement that adequately covers the damages. Talking to a personal injury attorney can help you decide if filing a lawsuit is the best cause of action.

An Overview of California Truck Accident Case Settlements

Obtaining a fair truck accident settlement could be your best bet if you've been injured in a truck crash and seek to avoid the financial distress that often follows a severe injury. Medical bills could be a financial nightmare for survivors, who could fall farther behind on their bills as they focus on getting better. Victims could also be left with disabilities that would last a lifetime.

Truck accidents are quite different from regular car accidents from a legal standpoint. Large truck crashes often include several responsible parties. It is crucial to determine the at-fault party if you want to increase your chances of being fully compensated for your losses. Furthermore, due to motor carriers' higher liability insurance coverage than an average motorist, there is usually more money at stake in truck accident cases.

Because of this risk, trucking firms usually employ powerful teams of lawyers and insurance providers to reduce the amount of money they have to pay out to victims of accidents. If you've been injured, you'll need an equally competent legal counsel to fight back against their aggressive methods on your behalf.

Consequences and Options Following a Semi-Truck Accident

In a personal injury lawsuit, a settlement is an agreement established between the parties to resolve the case without going to trial. It is possible to reach agreements through the use of alternative dispute resolution (ADR) methods, such as

  • Arbitration
  • Mediation
  • Negotiation

Arbitration stands out from a court trial since it results in a binding agreement. In contrast, mediation and negotiation are non-binding means of reaching a deal that would replace trial.

Benefits of Reaching a Settlement

There are several benefits to settling a truck accident dispute. This option generally saves time and money compared to going to court.

The participants in an ADR process can argue their case in private without admitting wrongdoing, making it less adversarial than litigation. Taking the focus off who was at fault allows the parties to argue their case more calmly and rationally, increasing the likelihood that they can agree.

Parties that opt for alternative dispute resolution after a truck accident could submit their case openly and honestly. This enables them to outline their theories of liability and damages, and receive feedback from a neutral third party with expertise in truck crashes.

What is the Average Time It Takes to Settle The Claim?

Truck accident claims usually take more time than other accident claims to settle, but there's no way to know for sure. Accident claims involving tractor-trailers, semi-trailers, and other big rigs could be more challenging to resolve than those involving other vehicles due to the size and commercial nature of these vehicles.

An insurance provider could propose a settlement soon after a truck accident occurs. However, taking this offer is usually not in your best interest since you could be entitled to much more compensation. It is best to wait for a complete investigation and medical examination results before negotiating a reasonable settlement for your claim.

Reasons Why a Truck Accident Claim Could Take a Longer Time to Resolve

Settlement of a claim following a truck crash could take a long time for several reasons, including that the Federal Motor Carrier Safety Administration requires a comprehensive investigation procedure for major truck crashes. Among the factors that contribute to delays in truck accident settlements are:

Liability Investigation

The investigation determining who is responsible for a truck crash usually takes significantly longer than a regular vehicle accident due to the collision's severity. Investigators should determine the following before you can settle a claim involving a truck accident:

  • If the trucker followed the rules to the letter
  • If any other motorists contributed to or caused the accident
  • If the trucking firm kept up with regular maintenance
  • Assuming the trucking firm obeyed all laws and regulations
  • If anyone else were at fault, like a negligent technician or a bartender who gave the driver too much to drink, they would be held responsible

Liability investigations into truck accidents may take longer than car accidents because of the numerous federal regulations that control how truck drivers and trucking businesses can operate. For example, the FMCSA mandates rest and driving time limits for truck drivers.

There are additional limits on the total weight and size of a vehicle, and it could take some digging to find out if the truck driver and trucking company in question complied with these laws and regulations.

The Nature of the Truck Accident

The massive size of trucks means that any collision with one can have far more devastating effects than one involving passenger cars. To keep people safe on the roads, the Department of Transportation (DOT) sets rules about the weight and size of different types of trucks.

Truck collisions are often more destructive, leading to more damage, serious injuries, and even loss of life. The more significant the impact of an accident, the more factors will need to be looked into and documented.

Insurance Coverage

The Federal Motor Carrier Safety Administration (FMCSA) has stringent regulations for truck insurance coverage, and trucks operating on interstate highways should comply. There could be varying insurance options for the truck's cab, load, and trailer.

Medical Treatment

If you or someone you know was hurt in a truck crash, getting medical treatment could lengthen the time it takes to resolve your claim. You should only take a settlement offer once the medical treatment is completed so that you know the entire scope of your medical bills.

For instance, whiplash would not show up until a few weeks after an accident, as stated by the National Institute of Neurological Disorders and Strokes (NINDS). If you resolve your claim before you're done getting treatment, you could end up with hefty medical bills that aren't covered by the settlement.

Negotiating a Settlement

Settling a claim for damages after a truck accident could be held up by the negotiation process. You could reach a settlement after considering several factors, including who was at fault, how serious the accident was, whether or not coverage was in place, and how much medical care was provided.

It could take multiple negotiations before you receive a settlement that adequately compensates you for all of your damages and expenses and any suffering and pain you would have endured as a result of the incident.

Types of Compensation Available in a Semi-Truck Accident Settlement

The severity of the physical and emotional losses determines the compensation given. They could consist of:

Suffering and Pain

Truck accidents could result in anxiety, stress, and depression, among other types of emotional suffering.

Lost Income

Injuries and other consequences of truck accidents can cause you to lose your job. Victims could recover lost earnings in certain circumstances due to unforeseen income changes.

Current and Future Medical Costs

Emergency services, medications, and continuous medical care could be very costly in a truck accident.

Costs Associated With Property Damage

Truck accidents frequently result in property loss and vehicle damage.

Compensation for wrongful death: If your loved one died in a truck crash, you could obtain compensation to pay for their funeral, burial, and any remaining medical bills.

Common Injuries Sustained in a Truck Accident

Large vehicles like trucks possess the capacity to cause serious injuries and property damage during accidents. The following are examples of common injuries caused by these collisions:

  • Bruises, scratches, burns, and cuts
  • Injuries to the spinal cord
  • Soft tissue injuries such as whiplash
  • Traumatic brain injuries or TBI
  • Fractures, broken bones, and other related musculoskeletal injuries

Victims of truck accidents may also have insomnia, post-traumatic stress disorder (PTSD), and other phobias.

Finding Liability

It can be difficult to determine who is at fault following a semi-truck accident. The majority of the time, truck accidents result in severe injuries and are quite complicated legally. The possibility of many parties being held accountable further complicates these cases.

According to the specifics of the incident, the trucker, trucking business, and manufacturer of the truck could all be found liable. Another injured motorist could also bear some of the blame for causing the truck accident. It's also crucial to understand that an afflicted driver who is partially at fault for a truck collision could still be entitled to compensation.

Comparative liability laws apply in California. Regardless of whether the at-fault motorist was partly to blame for the crash, they may still be allowed to pursue a personal injury claim for some compensation.

Strict Liability Vs. Negligence

Several parties may all bear the responsibility when a truck collision causes injuries and property damage. However, demonstrating liability will require the use of one (or both) of 2 legal principles: strict liability and negligence.

According to California's negligence statutes, any trucker convicted of negligence may be held accountable for the injuries and losses caused to another driver. Any motorist who sustained injuries due to a trucker's negligence is qualified to pursue a personal injury claim.

However, the wounded driver must establish beyond a shadow of a doubt that the trucker who caused the accident was negligent. Three factors must be present in a truck accident case to prove negligence:

  • The trucker owed a duty of reasonable care to the injured person
  • The trucker's negligence mostly caused the losses suffered by the victim
  • The truck driver's negligence was a breach of their duty of reasonable care

Every trucker has a basic legal obligation to be conscious of other road users and exercise reasonable caution when driving their vehicle. For instance, a trucker's duty of reasonable care would compel him or her to

  • Keep an eye out for other vehicles, obstacles, and pedestrians
  • Take necessary precautions when driving their truck
  • Control the truck's speed and movement

As per the state's strict liability laws, designers, producers, and any firms engaged in the distribution of a certain product could be held responsible when a faulty product triggers a truck accident.

When assessing fault in a case involving strict liability, the presence or absence of negligence is irrelevant. Each of the entities mentioned above could be held accountable, whether or not they committed any violations that led to the accident.

Strict liability cases can be founded on defective:

  • Accelerator pedals
  • Tires
  • Engine and transmission components
  • Cargo straps or ties
  • Brakes

The At-Fault Trucker

All trucks must comply with federal and state laws. Unfortunately, some truckers and commercial transportation companies willfully disregard safety regulations to fulfill deadlines and increase earnings. A truck driver could be under immense strain, which greatly increases the likelihood that they may make errors or drive carelessly.

For instance, it is illegal for a trucker in California to operate their truck for over 12 hours without a break in a day, as stated under California VC 21702.

A trucker who violates California's safety laws and triggers an accident could be held accountable for the damages of an afflicted driver. Most truck accidents result from negligent or unsafe driving on the part of the truck driver.

Common Causes of Truck Accidents

The following are a few instances of how a third party might be responsible for your accident:

  • Distracted driving
  • Impaired or drunk driving
  • Driving while fatigued
  • Following too closely
  • Speeding
  • Negligent driving
  • Inappropriate lane changes or merges
  • Poorly maintained roads or signs
  • Mechanical failures
  • Poor weather

Being injured in any accident is traumatic in and of itself, and when you don't know anything about truck accident claims, you could end up needing clarification. Always keep in mind that you can hire legal counsel, and doing so can have numerous advantages.

The Potential Disadvantages of Truck Accident Settlements

In most circumstances, a settlement is better than protracted litigation. However, there could be some drawbacks to settling a claim.

Firstly, the claimant will typically be compelled to renounce their legal rights to pursue any additional claims arising from the truck accident as part of the settlement agreement. The claimant will be barred from ever submitting the same allegations to trial due to the contractual nature of the settlement deal.

Furthermore, the settlement amount could be significantly lower than that the claimant could have received in trial. There's always a possibility that the complainant received a settlement that was even higher because juries are often unpredictable. However, there's also a chance that the case will end in a much smaller payout or a complete loss.

Finally, by agreeing to a settlement, the claimant will typically be prevented from publicly holding the offender liable for their damaging actions. This is crucial for some claimants who want to warn others about the dangers posed by the accused.

Working with an Attorney to Handle Your Semi-Truck Accident Settlement Case

A personal injury attorney can respond to your inquiries and walk you through each stage of the settlement procedures. They are also able to:

  • Gather various sorts of evidence to determine liability and fault
  • Consult with your hospital personnel and go over your health records
  • Request an incident report copy
  • Take care of all the communication with the insurance company and other entities
  • Reach an arrangement that fully compensates you for every one of your damages
  • If necessary, litigate the case in court

Also, having a more extensive support network can be helpful for certain truck crash victims as well, especially when things are stressful.

The Statute of Limitations on Truck Accident Claims

The statute of limitations is a key part of the truck accident settlement process. Victims of truck accidents need to act quickly to file a personal injury case before the statute of limitations expires.

You must move quickly to guarantee that everyone has a fair opportunity to receive justice and restitution. Consequently, the court could decline to look into the matter. Because of this, you will have to pay for the costs of any damages resulting from the truck accident.

What Factors Influence the Average Size of a Settlement After a Semi-Truck Accident?

Settlements involving semi-truck accidents are more likely to be significant in size and complex in nature compared to those involving passenger vehicles. Truck accidents often result in fatalities, catastrophic injuries, and extensive property loss due to the massive size and weight of the vehicles involved.

After an accident involving a big truck, you may wonder how much money you can expect to get in a settlement to help pay for your medical bills, replace or repair your car, lost wages, and other damages. You need to know who is at fault in a truck crash to estimate how much you could be awarded in a settlement.

Find a Los Angeles Personal Injury Lawyer Near Me

If you want to learn more about the way semi-truck accident claims and settlements work, contact the Los Angeles Personal Injury Attorney. Call us today at 424-231-2013 for a no-obligation consultation and to learn more about your legal options and whether or not you should file a personal injury lawsuit.