California drivers often have to share the roadways with big rigs that make journeys across different states every day. Trailers and semi-trucks are long and heavy vehicles, which contribute to fatal accidents and serious injuries each year.
Personal injury victims regularly have to deal with a heap of hospital bills, time away from work, as well as the physical and psychological trauma that results from truck accidents. The accident victims do have a right to ask why they should bear the burden for their financial, physical, and emotional losses.
That's where truck accident claims and settlements come in. In this blog, we’ll talk about truck accidents, damages, and how settlements work in semi-truck accidents.
What You Should Know About Truck Accident Cases
There are three things that truck accident victims, their families and friends, and members of the public should be aware of regarding truck accident settlements:
- A settlement could happen at any moment, starting with the initial days following the truck accident to when a jury renders a verdict
- The settlement range for a large truck or a semi-trailer is big
- The maximum amount of liability insurance that trucking companies are required to carry is $750,000
Personal injury lawyers understand that every one of these factors can greatly impact a truck accident claim.
When Do Truck Accident Settlements Occur?
A truck accident settlement can occur at any moment after the truck accident happens and the moment a jury renders a verdict.
Victims need to keep this in mind. If an insurance company representative comes to them in the days following the collision and offers a settlement, taking that offer will bring the case to an end. The victim relinquishes their legal right to submit a claim against the liable party by taking the settlement they've been offered. This could put an end to the matter before most of the victims even comprehend that it has started.
The final moment a victim can accept a settlement they have been offered would be just before the trial jury passes their verdict. It would indicate that no settlement was reached outside of court, and the case proceeded to trial.
Most truck accidents are settled shortly after the case has been filed, or shortly after the accident victim establishes a relationship with a known and trusted personal injury lawyer.
Insurance providers view either of such advancements as evidence that the truck accident victim is aware of their constitutional rights in the case and is prepared to exercise them. Once insurance providers realize they might have to work with a truck accident lawyer, they will begin to make fair settlement offers.
Many victims, nevertheless, have financial commitments that prevent them from pursuing their cases further. This could stop them from getting the settlement they deserve. Because of this, some insurance providers will slow down the cases to put more financial strain on the complainant.
Average Settlement Awarded for Truck Accidents
Most average settlements for semi-truck accidents listed online are usually not an accurate representation of so many cases. This is due to the confidentiality of the majority of truck accident verdicts and settlements.
For this reason, a lot of websites attempt to compute an average using only published figures. Sadly, this not only makes matters more confusing but also suggests that every situation is similar.
This is simply not true. Averages are seriously misleading because case values can range from several thousand dollars to a couple of million dollars. There's a good chance that an online average settlement doesn't accurately reflect your specific case.
Also a majority of online settlement calculators, only consider economic losses. This implies that an online calculator won't take your pain and suffering into account when calculating your settlement average.
That's why it's crucial to speak with a truck accident lawyer. Your lawyer can identify any potential future losses related to the accident while factoring in your non-economic losses.
Settlement Amounts and Liability for Truck Accidents
One factor that helps truck accident victims is the fact that multiple insurance companies may occasionally be implicated in a damages claim.
Accident claims may be made against negligent truck drivers working for themselves. This could cause the truck driver to use their commercial automobile insurance policy. However, these policies could have very low limits on the amount of compensation you can receive. When the limit has been Once a cap is reached, you'll either need to pay the outstanding bills yourself or make a claim against another party.
Another option is for the employer of the truck driver to offer accident liability insurance to their employees. A trucking company could fully insure their drivers and carry larger limits from which victims can draw.
A firm or company could also be held liable if it hires a negligent driver or fails to provide sufficient safety training to its employees. It's also possible that a trucking company might have neglected to keep its vehicles up to safety requirements.
The insurance claim may also involve a truck manufacturer. The corporation that creates and constructs the truck can also be found liable when a truck component breaks down or stops working, resulting in an accident. If a truck or component is recalled, the manufacturer may also be obligated to provide compensation to the aggrieved party.
Other Factors That Influence the Settlement Value
You can get a general understanding of what influences the sum you'll find on your insurance payout check by looking at the specifics that often affect semi-truck accident claims.
Below are some of the key factors that influence how much money you will receive from a truck accident claim:
The Extent of Your Damage and the Time Required For Recovery
Large truck accidents are more likely to result in serious injuries. Recovery costs for severe injuries could easily cost more than $100,000.
Your Hospital Bills
You can quickly add up the costs of your current ER visit and any outstanding hospital bills. If you require intensive care and surgery, these sums quickly add up. The costs of support required throughout one's lifetime need to be calculated in the event of a permanent disability.
Physical and Emotional Trauma as a Result of a Truck Accident
Even though they are more difficult, to sum up, these hurt victims just as much. Any insurance payout check has to take into account the suffering you suffer and the psychological struggles you encounter during recovery. You might experience a loss of pleasure in life and significant family relationship disruptions. You should be compensated more for all of these losses.
Your Personal Injury Lawyer's Skill
Insurance providers should always offer their full assistance to all afflicted victims. Unfortunately, that isn't how insurance companies work. They will deprive victims of the necessary compensation, particularly if victims lack an attorney who will advocate for their needs. If doing so will result in a financial gain for their businesses, insurance companies will place the liability on you and challenge the seriousness of your injuries.
Additionally, big trucking companies might have a group of attorneys ready to invalidate your statements and find fault with your application for basic assistance.
To win your case, you must have a San Diego truck accident attorney on your side to fight against their efforts. Your attorney will fight for the highest amount of compensation possible whenever a proposed settlement is significantly less than what you deserve.
What Is the Difference Between Verdicts and Settlements?
A verdict is the outcome of a court case. A verdict is made after a court trial by a jury or judge. A settlement is regarded as a discretionary and legally binding resolution arrangement reached between two entities without the involvement of the court. Sometimes a settlement is reached between the parties before the lawsuit is filed.
You can ask your San Diego truck accident attorney to write letters to the insurance provider and conduct negotiations on your behalf. You can settle outside of court when the negotiations are successful.
However, when any insurance provider or other responsible parties continue to shortchange you, you can file a lawsuit; the judge's decision will determine how much compensation you will receive.
Who In California Is Eligible To File A Truck Accident Claim?
Anyone who has suffered losses as a result of a negligent truck accident can submit a Truck Accident Lawsuit. This includes:
- Pedestrians
- Motorcyclists
- Truck drivers
- Bicyclists
Essentially, anyone who has suffered because of someone else's gross negligence.
Who Can You Sue For A Truck Accident?
Establishing fault or culpability is crucial once it pertains to truck accident claims. The following can be used to determine fault:
- The accident was caused by the negligent party. There needs to be a known responsible party who directly triggered the truck accident
- The responsible party owed a duty of reasonable care. A "duty of reasonable care" is somebody's obligation to practice care needed in their line of work
- The accident resulted from a duty violation. In addition, you must demonstrate how the truck accident was caused specifically by their failure to exercise a duty of care
For example, if you believe a trucker is responsible for your damages, you must demonstrate that they were the cause of the accident. You could do this by presenting proof like pictures of the accident scene, dashcam videos, or eyewitness testimony.
Truck drivers have a duty of care because it is part of the profession to be cautious, adhere to traffic laws, and be watchful to prevent accidents. And yes, to classify the incident as a negligent act you and your truck accident attorney will need to demonstrate that the trucker infringed on their duty of reasonable care.
Accidents may not always be the fault of truck drivers. In some situations, a driver might not have been aware that the truck had a manufacturing flaw. This indicates that the truck manufacturer, not the trucker, is responsible for the accident.
In some circumstances, the accountable party may be the trucking company that neglected truck maintenance or permitted the operation of faulty or malfunctioning trucks.
You cannot merely accuse another person of being careless. You must provide various kinds of evidence to support your claim. A truck accident attorney will be able to conduct research, compile evidence, complete paperwork, and create a convincing case to protect your rights.
Damages That Can Be Recovered In Truck Accident Settlement Cases
Two types of damages—punitive and compensatory—may be applicable in your case if you were involved in a truck accident. Economic, as well as non-economic damages, fall within the compensatory bracket. These damages are a direct consequence of your injuries. Punitive damages, in contrast, are only applicable in exceptional circumstances.
Here is a list of each form of damage and what it entails.
Economic Damages
The actual, measurable losses associated with your injury are referred to as economic or special damages. In other terms, it's simple to figure out these damages using paychecks, bills, or receipts.
The kinds of losses frequently covered by economic damages are:
- The cost of medical care
- Lost earnings while recovering
- Damage to vehicles or property
- Costs associated with accessibility
- Loss of potential for future income
Non-Economic Damages
It is much harder to estimate non-economic and general damages, and they differ greatly between cases. This is primarily because they include the unquantifiable losses brought on by an injury. They do not have a related "cost" or economic value or cost, in comparison to other damages.
Non-economic losses in truck accidents include:
- Suffering and pain
- Loss of consortium
- Permanent impairment
- Reduced life quality
- Disfigurement
- Loss of companionship
Remember that every lawyer has their method for determining non-economic damages. The victim's daily recovery expenses are taken into account in this calculation. The method for calculating non-economic damages essentially varies depending on the circumstances, so we advise you to speak with your attorney for legal counsel.
Punitive Damages
Punitive damages are not typically included in big rig accident settlements, but the court could award them occasionally. Punitive damages are typically only granted by the court in situations where reckless behavior or wanton negligence, such as routine drunk driving, occurred.
Punitive damages are intended to penalize the accused and deter them from engaging in reckless actions, not to compensate the complainant for damages. Furthermore, if the judge decides to grant punitive damages, the amount is frequently decided by the jury.
Is It Mandatory For Trucking Companies to Carry Personal Injury Insurance?
Yes, trucking firms are required by federal law to have liability coverage.. This coverage shields the corporation from financial devastation by paying for personal injury costs.
However, the least liability insurance is $750,000. Although this amount for insurance may seem like a large sum, it cannot even cover most medium truck cases. Serious car accidents, particularly those that result in fatalities, or life-altering injuries, bear far-reaching legal ramifications. It is even worse when big trucks are involved in serious commercial vehicle collisions. Many wrongful death cases result in higher settlements.
According to the respondeat superior principle, a trucking firm could be held accountable if one of its drivers causes a serious collision. The trucking firm would be obligated to cover the truck accident claim costs, even though it was the driver's fault that his or her truck collided with another vehicle.
However, if the firm only carries the minimum mandatory policy limits set by the Federal motor carrier safety administration, the victim won't likely receive their total compensation before the insurance expires. The trucking company's bank accounts would have to be used to pay the remaining truck accident damages. If the accounts are small, the victim might never receive compensation.
How Comparative Negligence May Impact the Typical Settlement in Truck Accident Cases
Total damage sums provide a broad summary of your damages, but they do not always correspond to a payout or judgment that is forthcoming. Your ability to receive compensation in a truck accident settlement could be affected if you contributed to the incident that led to your damages.
California adheres to a doctrine called the pure comparative negligence law. This implies that the complainant may seek damages even if they're 99.9% at fault. The victim's percentage of fault, even so, is deducted by the court from the overall damages. For instance, when the jury finds that you were 30% liable despite having $100,000 in overall damages, you might only be entitled to $70,000.
Find a Skilled San Diego Semi-Truck Accident Attorney Near Me
If you or your loved one is seriously injured as a result of a truck driver's negligence, do not let the insurance provider determine how much you will receive in your settlement. The settlement check you receive from the trucking company might not even be enough to cover all of your expenses and struggles.
Talk about your case with our knowledgeable San Diego personal injury attorneys at the San Diego Personal Injury Law Firm. You will have a better understanding of every one of your options as well as how much the injuries could be worth. Call us today at 619-478-4059 to speak to one of our lawyers.