An injury involving a truck accident will present some unique factors than injuries suffered in accidents involving standard vehicles. Truck operators carry vehicle insurance with higher policy limits than regular vehicle drivers. Truck operators must also adhere to certain state and federal regulations. In some instances, a truck accident may have other liable parties and the truck driver. These parties will share responsibility while compensating a victim for their injuries. If you suffer injuries in a truck accident where the truck driver is at fault, you will have a higher chance of getting a settlement that suits your damages than when you are involved in a common vehicle accident. Below are some of the issues involved in a settlement after a commercial truck accident:
Abiding By State And Federal Regulations
The truck owners, operators, and truck manufacturers must abide by certain state and federal regulations. Some of the conducts that are regulated under the trucking industry include:
- How far a driver should drive without rest
- How much weight the truck can carry
- Quality control in truck repair and manufacture
In any trucking accident where a plaintiff is not liable, the chances are high that any of these parties (driver, truck operator, manufacturer, or truck repair company) violated a particular ordinance or statute. A plaintiff needs to consider if any party violated a statute or ordinance because this violation will significantly increase the plaintiff's likelihood of winning the claim. The higher the plaintiff's likelihood of winning a claim, the more persuaded the defendant will be to offer a favorable settlement.
The other crucial aspect of federal and state law is the higher insurance policy requirements that operators of trucks and semi-trucks must adhere to. A defendant will only settle for compensation that they can afford or the amount approved by the insurance company, commonly known as the policy limit. Since trucks have higher minimum policy limits, a plaintiff will not struggle with a limited settlement. A plaintiff will still get a decent settlement even if the truck driver or the truck operator just carried minimum insurance, something that is rare in an accident involving standard vehicles.
Multiple Defendants in A Truck Accident
Most truck accidents involve multiple defendants. If an accident involves various defendants, every defendant might be equally liable for the plaintiff's injuries or damages. In other instances, every defendant may be liable depending on their degree of fault. For example, if an accident occurs due to driver fatigue and faulty tires, the plaintiff can file a lawsuit against the driver and the tire manufacturer.
The other possible defendants include the truck operator, manufacturer, and maintenance company. If it is unclear about the specific parties at fault, the manufacturer may have to pay more than half the damages, especially if the truck driver does not have ample insurance or assets to compensate the plaintiff. When multiple defendants are involved, the only drawback is that it might be more complicated to acquire compensation, especially if different defendants have unclear proportions of fault. It might be clear that you are not to blame for the accident. However, if the multiple defendants cannot agree on their degree of fault, they may request a trial to determine who owes what. You can settle with one liable party and sue the other parties who are unwilling to admit fault.
Settlements In Truck Accidents Are Higher
Most truck drivers are out on the road while tired, distracted, and fatigued. The law requires truck drivers to take scheduled breaks. However, strict deadlines encourage many drivers to forego the said breaks. In addition, the size and the design of trucks make it difficult for drivers to react quickly in an emergency. Therefore, when a truck accident occurs, the injuries are often severe and vehicle damages extensive, translating to higher settlements.
The good news is that many trucking companies have ample insurance policy limits covering their drivers and the trucking company. This means that if you have an experienced personal injury lawyer, there is a higher potential for getting a significant settlement. Even if insurance companies fight hard to avoid giving you what you deserve, you are likely to get more compensation in a truck accident than you would in an accident involving standard vehicles.
The Reason Behind The Accident Plays A Major Role In The Settlement
Truck accident settlements tend to be larger than standard vehicle settlements. Usually, trucks weigh tens of tons more than regular vehicles. Therefore, the damages resulting from a truck accident are often catastrophic. In a truck accident settlement, the reason behind the accident plays a significant role in determining liability and determining the awarded damages. Most causes of truck accidents are attributed to trucking companies or truck maintenance companies instead of truck drivers. However, in the case of owner-operators, the driver could fulfill all three roles. Some of the leading causes of truck accidents are:
- Driver error
- Impaired driving
- Company policy
- Manufacturer error
- Poor loading
Driver error is a leading cause of a truck accident. If driver error contributes to an accident alongside other factors, the settlement amount for a truck accident may increase.
Impaired driving could also cause a truck accident. Impaired driving mainly results from substance and alcohol abuse, medication, or fatigue. Impaired driving could be made worse by pressure exerted on truck drivers by trucking companies. This pressure often pushes drivers past their reasonable safety standards and legal driving limits.
The business practices employed by a trucking company could also have a direct impact on safety. For instance, cost-cutting on truck maintenance and poor driver training could lead to a truck accident.
Company policies are often an integral part of truck accident settlements. The truck parts must meet the demanding specifications for safe transport. When the truck parts are poorly engineered, they might fail and cause an accident. This could make the manufacturer partially liable for part of the settlement amount for a truck accident.
A shifting load could tip a truck, pulling the entire vehicle into an accident. A truck might also release cargo onto the roadway, damaging other cars. Often, drivers play little to no role in securing truck cargos. If a truck accident occurs due to poor loading, the loading company or contractor could be partly liable for the damages.
Factors That Determine The Extent of Settlement
Several factors determine the extent of a truck accident settlement:
The Liable Parties
An essential part of any personal injury case is determining who is at fault and to what extent. The more the liable parties in a truck accident and the more egregious the factors that led to the accident, the more likely the plaintiff to get a higher settlement amount. However, if the plaintiff is partially liable for the truck accident, this could decrease the settlement amount.
Economic Damages
Economic damages refer to the tangible monetary losses that the plaintiff incurs due to the truck accident. Economic damages include medical bills, lost wages, and property damage. The higher the economic damages the plaintiff suffers, the higher the settlement. More extensive damages, including larger property damage, extensive injuries, and lingering pain and suffering, will all have an impact on the settlement amounts awarded in truck accidents. Non-economic damages are hardships and expenses that do not have a price tag. Other non-economic damages include loss of life, pain and suffering, loss of mobility, and additional costs associated with trying to return to normal life after a truck accident.
Punitive Damages
If the truck driver, trucking company, or other defendant was extremely careless and negligent, the court might award the plaintiff some punitive damages. Punitive damages are meant to punish the liable parties due to their malicious or willful and extreme negligence. The court assigns punitive damages in addition to other charges to punish the defendant. Punitive damages also serve as a warning to other parties, showing them that such negligence is unacceptable.
Evidence Available
When a truck accident occurs, trucking companies often hire aggressive investigators and lawyers to minimize the settlement they payout to the victim. You need to gather as much evidence as possible regarding how the injuries have impacted your life and the defendant's liability. Evidence could include photos, medical records, videos, vehicle repair receipts, testimonials from witnesses, and testimony from medical professionals. Any evidence that shows the extent of your injuries and how the injuries have impacted your life will contribute to the compensation you receive.
Truck Accidents Settlements Are More Complicated
Truck accident settlements are often more complicated than settlements involving regular vehicles. Therefore, it is crucial to contact an experienced personal injury attorney immediately after you are involved in a truck accident. Truck accidents settlements are complicated for a variety of reasons, including:
Involvement of Multiple Parties In the Claim
Truck drivers play a crucial role in the safe operation of their vehicles. However, truck drivers often act as part of a commercial enterprise. Therefore, in case of a truck accident, other parties may be liable. The potentially liable parties include:
- Truck driver
- The employer
- The company that owns the trailer or the truck unit
- The manufacturer of the trailer or the truck
- Manufacturer of defective truck parts
- Service centers, mechanics, and other companies that might have been negligent in the truck maintenance
- The owner or handler of the truck’s cargo
It is often necessary for an attorney to conduct an intensive investigation into the truck accident and the operation of many other companies involved.
The Involvement of Multiple Insurance Companies
A different insurance company may cover every potentially liable party in a truck accident. Therefore, after involvement in a truck accident, you are likely to deal with several insurers when seeking compensation for your damages. The plaintiff will be entitled to significant compensation from multiple insurance companies. However, it is often complicated to navigate the different terms, policy limits, and coverage.
Commercial trucking is an inter-territorial, inter-provincial, or even international business. The truck that harms you might be insured by a company headquartered outside California. Therefore, you should choose a personal injury lawyer who is experienced in litigating lawsuits against insurers from other states or countries.
Catastrophic Injuries Are Common In Truck Accidents
A primary factor that makes truck accident settlements complicated is the likelihood of several injuries. In case of an accident involving a truck and a regular vehicle, the occupants of the standard vehicle are likely to suffer brain and head injuries, orthopedic injuries, and spinal cord damages. The treatment and rehabilitation of catastrophic injuries are costly. In some instances, a victim does not fully recover, and this may limit their ability to work and earn a living.
The compensation may not cover the entire cost of your injuries and other losses incurred from the truck accident, especially if you were partly responsible for the accident. If you prove the defendant's negligence, you can file a tort claim against them to recover the full compensation. Your attorney must be able to prove the negligence of other parties to receive compensation. Litigating truck accident settlements is often more complicated than filing a claim for a standard vehicle accident.
Truck Accident Investigations Are More Complicated
In most standard vehicle accident claims, the crash investigation is usually straightforward. A law enforcement officer arrives at the accident scene and creates a report of what happened. The insurers, mainly the insurance adjusters, investigate the accident as well. However, given the many rules that govern the trucking industries, truck accidents are more complicated to investigate. The regulations that govern safe truck operation revolve around:
- Hours of service
- Training and licensing of truck drivers
- Cargo securement
- Safety ratings for motor carriers
- Inspection and maintenance of trucks
You should hire an attorney who thoroughly understands the state and federal regulations that apply to your claim.
Whether A Truck Settlement Case Should Proceed To Trial
Many truck accident cases settle out of court, but every case is different. In an ideal scenario, the victim will reach an agreement with the insurance company, which covers all the victim’s damages. As a result, the victim will receive their money, and there will be no need to file a lawsuit. However, this is not always the case, especially if liability is unclear or if the insurance company under-compensates the victim. Working with an experienced personal injury attorney will increase your chances of getting fair compensation without the case going to trial.
When your truck accident settlement proceeds to trial, the court may decide to award you a payment or decide that you are not entitled to any compensation at all. Many lawyers will do everything possible to prevent a case from going to trial, given that trials are lengthy and expensive. Whether or not your case will proceed to trial will depend on two crucial factors:
- Liability
- The severity of your injuries
Any person who breaches their legal duty of care and causes a truck accident may be liable for the accident. If a truck driver breaches their duty of care and causes an accident, they will be responsible for your damages. Several parties may be liable for a truck accident, which makes the issue of liability more complicated. In an accident, other possible liable parties include the trucking company, truck maintenance company, parts manufacturer, and cargo company. The trucking company's insurance company may try to pin some of the victim's liability to reduce their financial responsibility. If the liability is unclear or the insurance company tries to blame you more for the accident than it's fair, your lawyer may take the court to trial.
The severity of your injuries will also determine whether a case proceeds to trial. Trucks and semi-trucks are enormous compared to other vehicles on the road. Therefore, they cause intense damage in case of a collision. If you suffer severe injuries, but the insurance company is not convinced that all the injuries resulted from the accident, there is a high likelihood that your case will go to trial. Therefore, it is crucial to work with an experienced personal injury lawyer immediately after an accident so that they can help you determine the extent of your damages and your medical fees.
Increasing Your Chances Of Getting Good Compensation In A Truck Accident
You deserve compensation after a truck accident to cater for your medical expenses, lost wages, and provide compensation for your pain and suffering. Below are some of the tips that you can employ to maximize your compensation in a truck accident settlement:
- Contact an experienced personal injury lawyer soon after your accident
- Take time to understand the value of your claim
- Do not accept the initial payment from the insurance company before contacting your attorney
- Assign ample time to file your personal injury claim
- Identify all the liable parties in the truck accident
- Follow your attorney’s advice
- Start the claim process as soon as possible
Find A Los Angeles Personal Injury Attorney
The injuries you suffer in a truck accident could alter your life forever. You might never be able to resume employment. You may also have to deal with hefty medical and physical therapy fees. You should contact an experienced personal injury attorney to help you file a claim to seek compensation. For reliable legal representation, we invite you to contact the Los Angeles Personal Injury Attorney. Contact us at 424-231-2013 and talk to one of our attorneys.
