What to Expect in a Truck Accident Claim
The number of large truck crashes has increased over 50 percent since 2010. These collisions usually cause catastrophic injuries. A fully-loaded semi truck weighs over 80,000 pounds and carries hundreds of gallons of highly-flammable diesel fuel. These injuries alone are enough to make truck crash claims very complex. But that’s just the beginning.
The shipping or transportation company that owned the cargo is usually financially responsible for truck crash damages, because of the respondeat superior doctrine. Frequently, shipping and transportation companies are out-of-state, or offshore, holding companies.
In this environment, it might seem impossible to obtain a fair crash settlement. But David took out Goliath with just a slingshot, mostly because David had right on his side. The same dynamic applies in a truck crash claim. If a San Marcos personal injury lawyer diligently prepares a truck crash case and is determined to obtain maximum compensation, that’s usually what happens.
Building a Foundation
A new house doesn’t appear out of thin air. First, builders must construct the foundation and the frame. Similarly, a large truck crash settlement doesn’t appear out of nowhere. First, a San Marcos personal injury lawyer must diligently build the foundation and frame.
Negligence is the foundation of a truck crash claim. Under California law, truck drivers have a duty of utmost care. So, a crash is hardly ever an “accident.”
Following distance is a good example of the difference between the duty of reasonable care, which applies to most noncommercial drivers, and the duty of utmost care. Most noncommercial drivers should maintain about a two-second following distance. The recommended following distance for truck drivers is about eight seconds.
Evidence is the frame. Evidence in a truck crash case includes the police accident report, witness statements, and medical bills. Electronic evidence often supplements this evidence.
Electronic evidence in a truck crash claim often includes the EDR and ELD. An Event Data Recorder is an onboard computer which is similar to a commercial jet’s black box. An Electronic Logging Device accurately tracks HOS (hours of service) in drowsy truck driver claims.
The Settlement Process
Most personal injury lawyers have a settlement first mentality. As a rule of thumb, the easy way (a settlement) is always better than the hard way (a trial).
The settlement process usually begins once medical treatment is at least substantially complete. At that point, a San Marcos personal injury lawyer can accurately determine a claim’s settlement value, which is like the asking price.
Informal negotiations usually start with a demand letter and continue on and off through the litigation process. Sometimes, these informal negotiations bear fruit. In fact, in some cases, personal injury lawyers settle cases before they file legal paperwork.
Usually, however, settlement occurs during mediation, which is a court-supervised settlement negotiation session. A neutral mediator, who is usually appointed by the judge, ensures that both sides negotiate in good faith. “Take it or leave it” is not a good faith settlement offer. Since both sides must be willing to compromise, civil mediation is about 90 percent successful in California.
Count on a Savvy San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.
Source:
fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2021
