Updated: Apr 21
Factors That Affect Truck Accident Settlements In California
Truck accidents can cause devastating losses, including catastrophic injuries and wrongful death. So, when someone's been negligent in causing your injuries or a loved one's death, they are liable to compensate you for economic and non-economic damages.
In most cases, a truck driver, company, or owner's insurance provider will be the one to compensate you. However, there some liable parties (or their insurance adjusters) will either refuse or reduce your payout for their own interests.
This is where California Personal Injury Claims come in. So, let's talk about personal injury claims, truck accidents, and damages, as they are often handled by prescreened Top Rated Personal Injury Attorneys In Los Angeles.
What's The Difference Between Settlements And Verdicts?
Not all California Personal Injury Claims reach the court. You can have a Truck Accident Lawyer in Los Angeles, CA send letters and negotiate with the insurance company. If the negotiations are successful, you can come to a settlement out of court.
However, if the insurance company or liable parties still refuse to compensate you adequately, you can take things to court and the judge's verdict will dictate how much you will be awarded.
Who Can File Truck Accident Claims In California?
Anyone who's been a victim of negligent truck accidents can file California Personal Injury claims. This includes:
So, basically, anyone who's been a victim of someone's negligent actions that led to an accident.
Who Can You File Truck Accident Claims Against?
When it comes to California Truck Accident claims, determining fault or liability is essential. Fault can be determined through the following:
The Liable Party Caused The Accident. There has to be a specific liable party that directly caused the accident. This doesn't just include drivers, but we'll discuss that in a bit.
The Liable Party Had A Duty Of Care. The "duty of care" is someone's responsibility to exercise care based on the work they do.
The Violation Of The Duty Caused The Accident. You also need to prove that violation of the duty of care directly contributed to the truck accident.
Using the above criteria, let's go in with an example: If you think a driver is liable for your injuries, you need to prove that they caused the accident, which can be done through presenting evidence like the scene of the accident, dashcam videos, and eyewitness testimonies.
By the nature of their job, a truck driver also has the duty of care to take precautions, follow traffic rules, and stay vigilant to make sure no one gets hurt. And yes, you and your Personal Injury Lawyer in California also need to prove that the driver violated their duty of care to consider it an act of negligence.
It isn't just truck drivers who might be responsible for accidents.
For example, there are cases where a driver could not have known that there had been a manufacturing defect on the truck. This means the liable party here isn't the driver but the truck manufacturer. In some cases, the responsible party might be the trucking company that failed to maintain or allowed defective or poorly-functioning trucks to go on the road.