Obstacles to Settlements in Truck Accident Cases

The long-term truck driver shortage is reaching crisis proportions. The current figure, which is around 60,000 drivers short, is expected to double by 2028. The economic impact of this shortage is well documented. It’s adversely impacting the supply chain, leading to potential delays and increased costs. The personal injury impact is less well documented. Many truck drivers have little or no experience. Given the sheer size of these vehicles, that’s a scary thought.

The combination of driver inexperience and vehicle size increases the risk and impact of a truck crash. Although these wrecks are more common and more serious than ever before, fair settlements are hard to come by. An Oceanside personal injury lawyer must diligently build a case, as outlined below, to overcome settlement obstacles and give victims brighter futures.

Delay

We’ll start with the most common obstacle to a settlement in a truck accident claim, which is, quite simply, delaying the case.

Low-ball settlement offers and pointless procedural motions are two of the most common delay tools in truck accident claims, especially in California.

Most insurance companies try to settle cases as quickly as possible. Frequently, insurance adjusters make settlement offers while victims are still hospitalized. Accepting early offers is always a bad idea. No one, not even an Oceanside personal injury lawyer, can determine if the offer is fair.

Such offers delay cases because the gap between what the insurance company offers and the amount the victim is legally entitled to is hopelessly high. The subsequent negotiations are tedious and time consuming, at best.

When a case goes to court, many insurance company lawyers automatically file procedural motions. When lawyers do their homework and carefully build cases, these motions almost always fail. But the motion process delays the trial process. Many times, judges spend months considering these motions.

Lack of Evidence

The victim/plaintiff has the burden of proof in a negligence claim. Evidence problems in truck crash claims often include a lack of witness statements and electronic evidence.

Most truck crashes are freeway crashes. For various reasons, most freeway truck crash witnesses don’t pull over to the side of the road and wait, often for several hours, to give an official statement to a police officer. Therefore, a lawyer, often working with a private investigator, must locate these witnesses.

Just like all commercial jets have black box flight data recorders, all semi-trucks have EDRs (event data recorders). Depending on the make and model, an EDR measures and records information like:

• Steering angle,
• Brake application,
• Engine RPM, and
• Vehicle speed.

Frequently, truck wrecks, especially fireball truck wrecks, cause so much physical destruction that EDR information is difficult to access and download.

On a side note, EDRs often involve legal issues as well. California has very strong vehicle information privacy laws. Attorneys usually need court orders to obtain and use EDR evidence.

Comparative Fault

This legal loophole often reduces the amount of compensation a victim receives. If both parties were partially at fault for a wreck, the jury must divide responsibility according to the evidence (e.g. 60-40, 80-20, etc.). The court then reduces the victim’s compensation accordingly.

Evidence is usually the key to blunting the comparative fault defense. For example, if EDR information proves the tortfeasor was driving 80mph at the time of the wreck, the jury will most likely overlook the victim’s illegal lane change or other minor contribution to the crash.

Reach Out to a Dedicated San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

iru.org/news-resources/newsroom/worse-you-thought-truck-driver-shortages-and-demographics