California Heavyweight Crashes
Trucking Accident Personal Injury Claims
Of all the accidents that take place every day on California roadways, the most devastating and traumatizing often involve 18-wheelers, semi-trucks, and other commercial vehicles. Fortunately, they also tend to carry larger insurance policies that can cover the extensive compensation available for the injured under the personal injury system. This article dives into these accidents and claims, including:
- The causes of trucking accidents in California and the kinds of injuries they cause.
- Who is responsible or liable for the damages caused in trucking accidents?
- How trucking accident personal injury claims differ from typical passenger car accidents.
What Are The Most Common Causes Of Commercial Vehicle Or Trucking Accidents?
Each accident in California has its own unique cocktail of causes and catalysts, but there are certain patterns that emerge when considering trucking accidents.
Fatigue and inattention are a particularly dangerous combination. As truck drivers spend so much time working on the road, they are likely to get tired and not pay sufficient attention – and all it takes is a small error for devastation to strike.
Trucks going too fast, and ironically, trucks going too slow, are also often involved in accidents. It just takes that much more time and distance to stop such heavy loads. When they are involved in accidents, the injuries suffered tend to be all the more severe as a result of those same forces.
What Severe Injuries Tend To Occur In Accidents Involving A Semi-Truck Or Large Commercial Vehicle?
The trucks involved in many of these accidents are 20- to 40-thousand-pound killing machines. They do a lot of damage when they hit a car.
Fatalities are all too common, but survivors are likely to be left with one or more severe or even catastrophic injuries:
- Traumatic Brain Injuries
- Severe Back And Spinal Injuries
- Paralysis
- Broken Bones
- Damaged Organs
- Burns
- And more…
Fortunately, the medical costs associated can be covered by personal injury compensation once you have identified the responsible party with the help of an attorney.
Who Is Liable For My Serious Or Permanent Injuries After A California Trucking Accident?
When looking to claim compensation for your injuries and the harm endured in an accident, the first step is always to identify the person, company, or other party whose negligence or recklessness led to the accident.
In trucking accidents, liability could fall on the driver, the trucking contractor that the driver was working for, or even the company employing them or their contractor. Under the Federal Motor Carriers Act, virtually any contractor in the chain of command all the way up to the distributor could potentially be liable. Alternatively, if there was a defect with the truck that led to the accident, then the maker of the truck or whoever performed or failed to perform maintenance on the truck could be held responsible.
How Much Is A California Trucking Accident Injury Case Worth? How Much Compensation Can I Get For My Serious Injuries?
Each and every case is different, so it would be dishonest to try to claim an abstract number before knowing the details. Given the severity of the injuries caused by many trucking accidents, however, the total value of these cases tends to be quite high.
This is because the value of your personal injury claim is largely determined by the severity of the injuries you have suffered and the duration of their consequences. It will include:
- Emergency medical costs, including hospital fees, ambulance charges, and immediate medical care.
- Treatment costs for your injuries, including medicine, surgery, and physical therapy.
- Any ongoing or future costs, such as long-term care.
- Lost wages due to time away from work and future income lost as a result of the injury or permanent disability.
- Non-economic damages, such as the emotional pain and suffering endured.
- If the truck driver’s actions were really egregious, such as texting while driving or being on drugs, additional punitive damages may be available.
The decision of what a case is worth is ultimately going to be decided by a jury if the case goes to trial and through extensive negotiation with an insurance company if not, so you should be wary of anyone promising a specific or minimum amount.
How Do Trucking Accident Personal Injury Cases Differ From Passenger Vehicle Accidents With Injuries?
Trucking accidents are going to have much higher damage thresholds, both in terms of property damage and physical injuries, because of the size and weight of the vehicle. In addition, from a personal injury liability standpoint, there are going to be many more parties who are potentially responsible for the collision than just an individual driver.
Finally, trucking companies and contractors tend to have far higher insurance policy limits. As a result, these factors combine to make truck accidents some of the most complex but also highest insured in terms of personal injury compensation.
All in all, there are vastly different strategies involved when pursuing trucking cases compared to a simple passenger vehicle accident. As a result, you always want an attorney on your side who has experience dealing with these highly specialized cases.
For more information on Trucking Accident Injury Claims In California, a FREE initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 966-4471 (San Francisco Office) | (831) 387-7871 (Monterey Office) today.