Truck Accident Compensation
When semi-trucks, tractor-trailers, delivery trucks, and other large trucks are involved in traffic accidents, other road users may suffer from devastating or fatal injuries due to the truck’s massive size and weight.
If you suffered an injury from a negligent truck driver or trucking company, you may be wondering if you can recover financial compensation from the at-fault party. The truck accident attorneys at Arrowhead Accident Attorneys can help you through this complicated legal process. We offer a free consultation and no upfront legal fees. Call our San Bernardino law firm today at (909) 453-2040.
Common Causes of Truck Accidents
Most California truck accidents are caused by some type of driver error. The following are common causes of truck accidents:
Fatigue
Truck drivers can drive upwards of 10 to 12 hours a day. These long hours on the road can lead to fatigue and even exhaustion, which can be deadly when combined with driving. According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving contributed to 693 drowsy driving-related deaths in 2022.
While truck drivers must follow federal and state laws regarding Hours of Service rules, some drivers or their companies may bypass laws and regulations to complete rides quickly. This can lead to deadly drowsy driving accidents on the road that are completely preventable.
Impaired Driving
In California, truck drivers are held to much stricter blood alcohol concentration (BAC) limits than regular drivers. The legal limit for commercial drivers in the state is 0.04%, compared to 0.08% for regular drivers. This means that commercial drivers with a 0.04% or more can be convicted of a DUI.
Distracted Driving
Talking, texting, eating, changing the radio, and looking at directions are all forms of distractions that can lead to truck crashes. These activities fall under three main types of distractions: visual, which takes your eyes off the road; manual, which involves taking your hands off the wheel; and cognitive, which takes your mind off driving. Truck drivers, like all drivers, face increased crash risks when distracted, mainly when using cell phones or dispatch devices.
Speeding and Reckless Driving
According to the Federal Motor Carrier Safety Administration (FMCSA), over 12,151 lives were lost due to speeding in 2022. Due to their size and weight, large trucks and buses require significantly more time to come to a complete stop, making stopping distances much longer than passenger vehicles. Truck drivers must follow the posted speed limits and slow down according to weather and road conditions.
Poor Cargo Loading
If the cargo on a truck is not properly secured or loaded, it can fall out of the truck or cause the truck to tip over, which can lead to a rollover accident. Improper cargo loading can also create weight imbalances that affect the truck’s stability, making it harder to control, especially during sharp turns or sudden stops.
Vehicle Malfunction
Large trucks require much more frequent inspections and maintenance than passenger vehicles. If someone fails to conduct a proper inspection, a truck may experience a serious malfunction on the road. Whether it’s a blown-out tire, steering wheel issue, or braking failure, an improperly maintained truck can cause severe truck accidents.
Compensation Available in a Truck Accident Claim
If one of the above causes led to your California truck accident and it was determined that either the truck driver or truck company was negligent, you may be able to begin the process of obtaining compensation.
While doing this on your own is possible, it is not necessarily the best option. Truck companies have robust legal teams ready to defend their people. With an experienced truck accident lawyer defending you, you can have a fighting chance at recovering fair compensation.
Compensation in a truck accident generally falls into two categories: economic and non-economic. The amount you will be able to recover will largely depend on the severity of your injury.
Economic Damages
Economic damages refer to the quantifiable financial losses a truck accident victim incurs due to an accident or injury. These damages compensate a victim for direct and measurable expenses.
Lost Wages
Since California truck accident cases often result in serious injuries, truck accident victims miss work due to their injuries. A truck accident settlement can include compensation for your income that you would have received if you had not been injured.
Medical Expenses
Traumatic brain injury, broken bones, and spinal cord injuries are all common types of truck accident injuries that can lead to astronomical medical costs. Injured victims of truck crashes can recover all of their medical bills, including emergency room visits, hospital bills, surgery, medication, and physical therapy, as long as they can prove that the accident directly caused the injury.
Loss of Earning Capacity
Sadly, many California truck accident victims never fully recover because they suffer from long-term injuries or disabilities. Because of this, they cannot return to their regular jobs or earn a living at the same level as they did before the accident. A truck accident attorney will consider the severity of the injury to estimate the future loss of earning capacity.
Non-Economic Damages
Non-economic damages refer to compensation for subjective, non-monetary losses an individual suffers due to an injury or accident. These damages are not tied to direct financial expenses like medical bills or lost wages but address more intangible harm.
Pain and Suffering
Pain and suffering is the legal term for the physical pain and emotional distress that the victim has suffered due to their injury. To determine the monetary value of pain and suffering, lawyers and insurance companies will rate the injury on a scale from 1 to 5, depending on its severity. 1 represents the lowest, and 5 represents the highest.
Emotional Distress
While emotional distress technically falls under pain and suffering, the two are not the same. Emotional distress refers to emotional trauma absent from the physical injury. This can be much harder to prove than physical injuries, as it often requires evidence like medical records from therapists and testimony from mental health professionals.
Loss of Enjoyment of Life
Severe injuries can take a toll on a victim’s life. They may not be able to enjoy the same things or practice their hobbies as they did before the accident. In these cases, victims may sue for loss of enjoyment of life.
Punitive Damages
Apart from economic and non-economic damages, punitive damages are meant to punish the defendant for particularly egregious or malicious conduct and to deter similar behavior in the future. Unlike other damages, they are not meant to compensate the plaintiff for losses but to serve as punishment and warning.
Challenges in Settling a Truck Accident Claim
Certain challenges may arise when filing a truck accident lawsuit, prolonging the process of obtaining compensation. While this is never ideal, it is the attorney’s job to expedite the process and ensure their clients are adequately compensated.
One such challenge is determining fault and liability. Establishing liability in a truck accident case can be complex due to the involvement of multiple parties, such as the truck driver, trucking company, and possibly even manufacturers. Each party may attempt to shift liability to avoid paying damages, making it more difficult for the injured party to receive compensation.
Another challenge is the insurance company. Trucking companies often carry large insurance policies, and their insurers work aggressively to minimize payouts. Insurance companies may delay the process, offer low initial settlements, or dispute liability entirely.
Rest assured that when you hire a skilled truck accident lawyer, you are in good hands. A lawyer will protect you from the aggressive insurance company and help you build a strong case that demonstrates the other party’s liability.
Arrowhead Accident Attorneys Can Help With Your Case
Working exclusively with clients in San Bernardino County, Arrowhead Accident Attorneys is an award-winning accident and injury law firm with millions recovered for injured motor vehicle accident victims. We have extensive experience settling high-profile truck accident claims and other types of personal injury claims and workers’ compensation claims.
Our legal team is available to take your call when you are ready. Call us at (909) 453-2040 for a free consultation today, and let’s get started on your personal injury claim.