Updated: Dec 7, 2022
Factors That Affect Truck Accident Settlements and Verdicts 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 personal injury or truck accident claims come in. So, let's talk about personal injury claims, truck accidents, and damages, as they are often handled by prescreened California Truck Accident Lawyer.
What's The Difference Between Settlements And Verdicts?
Not all personal injury claims reach the court. You can have a California Truck Accident Lawyer sends letters and negotiates with the insurance company. If the negotiations are successful, you can settle 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 a California Truck Accident Claim. This includes the following:
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 briefly.
The Liable Party Had A Duty Of Care. The "duty of care" is someone's responsibility to exercise care based on their work.
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, truck driver also has the duty of care to take precautions, follow traffic rules, and stay vigilant to ensure no one gets hurt. And yes, you and your California Truck Accident Lawyer must 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 there was 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.
You can see that you can't just directly accuse someone of negligence. You need to prove it with all sorts of evidence. A California Truck Accident Lawyer will know how to investigate, gather evidence, file paperwork, and build a solid case to uphold your interests.
What Types Of Damages Can You Get From A Truck Accident Claim?
Let's look at the types of damages that can be calculated and awarded or settled after a truck accident claim:
Economic Damages. Economic damages are the easiest to prove. You only need to show receipts, invoices, and documentation of your medical bills, out-of-pocket expenses, hospital fees, etc. Think of economic damages as "tangible" damages with a set monetary value.
Non-economic Damages. Non-economic damages are essentially "intangible" damages that don't have a set monetary value but can still significantly affect a truck accident victim. Non-economic damages can include Pain and Suffering, emotional distress, loss of the enjoyment of life, etc.
Punitive Damages. These damages are awarded in particularly egregious cases where the liable party is fined for malicious intent in causing the injuries.
To get awarded or settle these damages, you need to make sure you have a solid claim. Consult with a California Truck Accident Lawyer to build a solid case, collect strong evidence, and file claims on time.
What If A Loved One Dies Because Of A Truck Accident In California?
In cases of negligent truck accidents, you can file a Wrongful Death Claim with the help of an attorney. Wrongful death claims allow a deceased victim's remaining family and dependents to get compensation for the financial and emotional losses they've experienced.
That said, economic and non-economic damages are defined the same way. The only difference is the kinds of losses you're getting compensation for—in this case, a death of a loved one.
Wrongful death compensations can include:
Economic Damages examples:
Loss of the decedent's income contribution
Other financial losses incurred before your loved one died
Non-economic Damages examples:
Loss of companionship
Loss of a deceased loved one's attention and guidance (of their children)
A successful wrongful death requires that you prove that the liable party (defendant) is responsible for the death of a loved one. First, you must prove fault, then present evidence of the losses you've experienced. Whether you settle privately or take things to court, having a truck accident lawyer with you is best to help build a solid case.
Hire A California Truck Accident Lawyer for Truck Accident Settlements and Claims in California
1000Attorneys.com is a California Bar Association-Certified Lawyer Referral Service that can refer you to a prescreened lawyer best fit to handle your claims. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.