Filing A Trucking Accident Injury Claim In CA

Collision between a truck and a car on the road. - Levian Law Of all the accidents you can get in on California roadways, the last one you want to be in is one involving a big rig, semi-truck, or other massive commercial vehicle. If you are fortunate enough to survive, injuries are likely, and this article can help you understand how to recover compensation for the harms you’ve suffered through the California personal injury claim system.

Continue reading to learn more about…

The common causes of trucking accidents and the injuries they tend to cause.
Who is responsible for paying your medical costs and other personal injury damages.
Why trucking accident claims are worth so much more and other essential differences with ordinary passenger vehicle accidents.

What Are The Most Common Causes Of Commercial Vehicle Accident Cases Across California?

While there are inevitably several factors behind every accident, some patterns and trends emerge…

1. Fatigue

Commercial vehicles are often driven by seasoned truck drivers; sometimes, all the way from New York to Los Angeles. These drivers tend to pull long hours because their companies are pressuring them to meet tight delivery deadlines, so they just start falling asleep while driving.

But, of course, fatigue causes bad concentration, blurred vision, and impaired decision-making. When someone is tired, they will never be able to react as quickly. Unfortunately for other motorists, this is almost as bad as being drunk – and due to the size of their vehicles, far more deadly.

2. Risky Drivers

Truck drivers are not always at fault, sometimes another driver’s behavior is responsible. For example, it is very difficult to stop an 18-wheeler truck in time. If a vehicle pulls tightly in front of them, the trucker might have to veer, causing an accident.

Any sort of risky behavior from truck drivers or other vehicles can contribute to commercial vehicle accidents. Because of this, if you notice a trucker driving recklessly, you should either call 911 or the number on the back of the truck; such calls can make all the difference. Not only in your own or someone else’s personal injury claim – but potentially in saving someone’s life.

3. Distracted Driving

Truck drivers are not allowed to have their phones in their hands, but not all states have the same laws; many allow devices to be attached to the dash. Unfortunately, these laws are not in the best interest of most motorists – when any driver is not paying attention, getting text messages, or watching TV, it puts everyone at risk.

4. Driving Under The Influence

The most reckless drivers and truckers sometimes hit the road under the influence of drugs or alcohol. Meanwhile, other drivers might take prescriptions to stay awake or deal with pain, not realizing that it is impairing their reaction time or ability to drive. Regardless of whether or not the influential substance is prescribed or not – driving under the influence is both dangerous and illegal.

5. Poor Driver Training

Trucks are not easy to handle like a four-wheeled car. If a bad driver is behind the wheel, it is at least partially the responsibility of their driver’s training and licensing institutions. In the case of major accidents, drivers may not have had enough practical training or taken enough classes – simply because their commercial company wants to send them out on the road as soon as possible. Unfortunately, this means that company just put a dangerous weapon in the hands of someone who is not equipped to handle it safely.

6. Truck Maintenance

Another common problem which trucking companies are often to blame for is trucks not being maintained well enough. When they break down – for example if brakes fail, or the transmission doesn’t work well – it can cause accidents, injuries, and even death.

What Severe Injuries Occur In Accidents Involving Semi-Trucks And Other Large Commercial Vehicles?

Tragically, when large commercial vehicles collide with much smaller cars, you’ll often see severe injuries and a high rate of mortality. When lives are not lost to these accidents, the injuries that occur tend to be much more serious than a typical fender bender. For example, they might include neck and back fusions that need multiple surgeries or traumatic brain injuries with life-long effects.

Who Is Potentially Liable For My Serious Injuries After A Tracking Accident?

Although these crashes are called “accidents”, the truth is that these incidents are usually caused by the carelessness of truck drivers, commercial carrier companies, or third-party negligence.

If you have been injured in a trucking accident, you might not even realize all the possible parties responsible. This is one of the main reasons why you need a personal injury attorney: to get to the bottom of the chain of responsibility and make sure everyone along the way pays their fair due.

Each and every accident needs to be assessed on a case by case basis but, most of the time, responsibility will fall on the truck, its driver, or their company. A lawyer will be able to determine the negligent parties by reviewing all evidence, speaking to the police, and interviewing witnesses.

Kevin Levian Partner & Founder - Levian Law

Attorney Kevin Levian is an empathetic California personal injury lawyer based out of Los Angeles. He has helped countless trucking accident injury victims like you navigate personal injury claims against trucking companies and big insurance carriers to recover millions of dollars in personal injury compensation.

If you or a loved one have been injured in a California trucking accident, contact Levian Law today to schedule a free initial consultation.

Why Does It Matter That Trucking Companies Carry Larger Insurance Policies?

Commercial insurance policies for trucks and businesses in California carry higher coverage limits than the premiums that the personal vehicle insurance policies have. This is due to the increased risk of commercial driving and the higher losses and costs involved in their accidents.

These policies usually have a $1 million minimum rather than the $15,000 limit for passenger vehicles like cars. This is good news for injury victims, as the truck company’s insurance is more likely to be able to cover their costs.

Another key difference between commercial insurance and personal insurance is the policy terms and conditions. Commercial insurance policies are more complex than personal ones, offering additional coverage like general liability, cargo insurance, and workers’ compensation.

How Much Is My California Trucking Accident Case Worth?

In California, there is no set amount for what your truck accident case is “worth.” That is determined based on the unique circumstances of your case, including:

- The extent of your injuries,
- Current and future loss of income,
- Current and future medical expenses,
- Ongoing care costs,
- Diminished quality of life,
- Disfigurement,
- Disability,
- Loss of companionship,
- Burial and funeral costs,
- Property damage,
- Pain and suffering,
- Emotional distress,
- And more…

The value of your claim can also be impacted by who can be held liable for the accident. For one, if you are involved in an accident with a commercial truck, the truck driver must be held liable. However, it could also be the fault of the trucking company or the truck manufacturer. Should this be proven true, your case would be worth even more.

Finally, it’s important to note that even if you were partially at fault, you should still seek to recover compensation for your truck accident. This is because every commercial truck accident has a unique factor, though the overall value might be diminished depending on how much your personal negligence contributed to the collision.

How Do Trucking Accident Personal Injury Cases Differ From Typical Car Accidents In California?

There are many differences between commercial vehicle accidents involving large trucks and your typical car accident personal injury claims. Some of the most notable differentiating factors include…

- Assigning And Identifying Liability

In commercial vehicle accidents, liability can fall on various parties, including the truck driver, the trucking company, the owner of the trailer, and even the company that loaded the truck. The trucking industry is also heavily regulated by federal laws, such as the hours of service rules, which limit how long drivers can be on the road. One of the roles of a personal injury claims attorney is to find out if there was a violation of these regulations that led to the accident, as it may serve as evidence of negligence.

- The Severity Of Your Injuries

Truck accidents often result in more serious injuries due to the size and weight of the commercial truck. This may lead to larger personal injury claims, given the increased medical costs and potential for long-term disability.

- Proving Negligence

Regardless of the type of accident, proving negligence is crucial in a personal injury claim. You have to show that the defendant’s negligence directly resulted in your injuries. Given the complexity of truck accidents, an experienced personal injury attorney is often necessary to navigate the nuanced investigation process, not to mention any arguments in court.

- The Role of Insurance Companies

The role of insurance companies will differ greatly between car and truck accidents. Trucking companies often carry larger insurance policies due to the potential for significant damages and injuries, which can lead to higher compensation for victims. However, dealing with these insurance companies can be more complicated. Underscoring the importance of having experienced legal representation.

When they know you do not have an attorney, the insurance company is going to try to give you what they can to quickly settle before you know what your true losses are. On the other hand, by making insurance companies fear that you will bring a lawsuit against them, a good personal injury lawyer can often get them to offer a fair settlement in the face of future legal expenses from a trial.

For more information on Filing A Trucking Accident Injury Claim In CA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-8869 today.