Truck accidents can cause devastating injuries due to the massive size and weight of commercial trucks compared to passenger vehicles. If you or a loved one has been injured in a truck accident in Los Angeles, you may be entitled to significant compensation. Here’s an overview of how truck accident settlements work and what they may be worth in LA.
Determining Liability in Truck Crashes
The first step in securing a truck accident settlement is proving that the truck driver or company was liable (legally responsible) for causing the crash. Truck drivers and trucking companies must follow extensive regulations related to inspections, maintenance, driver qualifications, hours of service, and safe driving practices. Violating these rules is negligence, which makes the driver and trucking company liable for any resulting injuries or damages.
Some common examples of truck driver negligence include:
- Speeding or aggressive driving that exceeds posted speed limits or driving conditions
- Distracted driving such as texting, eating, or interacting with a mobile device while operating the truck
- Drowsy driving caused by failing to take required rest breaks or driving beyond legal hours of service
- Failure to yield right of way when turning or merging as required by law
- Improper merging that does not give other vehicles the right of way or sufficient space
- Unsafe lane changes without signaling or checking blind spots
- Following too closely behind another vehicle at an unsafe distance for the speed
Trucking companies can also be independently negligent if they:
- Fail to properly maintain vehicles and ensure proper working parts like brakes, lights, and tires
- Overload trucks beyond legal weight limits, compromising vehicle control
- Fail to thoroughly screen drivers for qualifications, experience, and driving history
- Coerce drivers to violate regulations like driving over hours of service to meet delivery deadlines
- Fail to train drivers on safety protocols and best driving practices
In many crashes, multiple parties like the driver, trucking company, parts manufacturer, or cargo loader may share liability. An experienced truck accident attorney can undertake a comprehensive investigation to determine all negligent parties in a case.
Key Factors That Determine Truck Accident Settlements in Los Angeles
If liability is established in a truck crash, the value of a settlement depends on the specific details of the case. Key factors include:
- Severity of injuries – More severe injuries warrant higher payouts for pain, suffering, medical bills, lost income, and other damages. Spinal cord injuries, brain injuries, amputations, burns, and broken bones are some of the most serious truck accident injuries.
- Need for ongoing medical care – If a victim requires multiple surgeries, years of physical therapy, rehabilitation, or at-home nursing care, this will increase the value of a settlement. Lifetime medical equipment, supplies, and medications will also boost the amount.
- Lost income and earning capacity – Settling parties will consider how the injury impacts the victim’s ability to work and earn income over their lifetime. Permanent disabilities often lead to large lost income claims.
- Insurance coverage – Trucking companies are required to carry substantial liability insurance policies. Larger policies can pay out higher settlements, although “underinsured” gaps in coverage may apply.
- Shared liability – If multiple parties are liable, they may pay a shared portion of the settlement amount. This increases the total payout available to the injured victim.
- Negligence severity – Cases involving reckless driving, drunk driving, or deliberate safety violations tend to result in greater compensation compared to less severe negligence.
- Venue – Verdicts and settlements tend to be higher in Los Angeles compared to other parts of the country due to higher incomes, living costs, and larger court awards in the region.
The specific facts of the case ultimately determine the settlement amount. It’s also common for large truck accident cases to exceed millions of dollars, especially if severe injuries are involved. Discussing your case details with experienced commercial truck accident lawyers Los Angeles can provide a more accurate estimate of potential compensation.
Taking Legal Action After a Truck Accident in Los Angeles
Don’t leave your financial recovery to chance after a truck collision. Work with skilled commercial truck accident attorneys Los Angeles to protect your rights and maximize your settlement. Key steps they will take include:
- Conducting a thorough investigation of the crash details, including visiting the accident scene, inspecting the vehicles involved, reviewing crash reports, and interviewing witnesses
- Collecting and examining documentation such as the truck driver’s logs, training records, driving history, inspection reports, truck company safety records, maintenance records, and weigh station tickets
- Working closely with medical professionals to fully evaluate the scope of your injuries, treatment needs, and prognosis
- Consulting with vocational rehabilitation counselors to assess your ability to return to your prior employment and career potential
- Retaining financial experts to calculate your lost income, lost future earning capacity, and calculate the present-day value of future losses
- Collaborating with accident reconstruction specialists to analyze how the collision occurred and determine contributing factors
- Hiring truck safety experts to evaluate if the truck and driver violated industry regulations
- Meticulously calculating and documenting all your damages including medical bills, lost wages, pain and suffering, loss of enjoyment of life, and other costs
- Negotiating strategically and aggressively with insurance companies to demand full and fair compensation
- Taking the case to trial if a satisfactory settlement cannot be obtained through negotiation and settlement talks
Truck crash cases can be complex, but you don’t have to handle it alone. The Los Angeles commercial truck accident lawyers at Karns & Karns Truck Accident Attorneys have extensive experience obtaining maximum compensation for truck accident injury victims in Los Angeles. We have the resources and know-how to build a strong claim on your behalf.
For a free consultation on your case, contact our office today. We’re committed to helping you recover the full and fair settlement amount you deserve.
