Breaking Down Collision-Related Burn Injury Claims in California

Serious burns are among the most expensive and painful vehicle collision-related injuries in California. The medical bills alone in these cases often exceed $100,000. One reason these medical costs are so high is that treatment usually includes expensive and painful skin grafts. This pain goes beyond physical pain. Frequently, these victims also suffer from severe psychological trauma.

Usually, these vehicle collisions which cause serious burn injuries are not “accidents.” Driver error, generally operator impairment or aggressive driving, causes over 90 percent of the vehicle collisions in California. If that driver error constitutes negligence, or a lack of care, a Carlsbad personal injury lawyer can go to court and obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. This compensation helps burn injury victims pay injury-related bills and live their best lives possible going forward.

What Causes Collision-Related Burn Injuries?

Large truck collisions are one of the leading causes of collision-related burn injuries in SoCal. These massive vehicles usually carry hundreds of gallons of diesel fuel, a chemical that burns at a different temperature from ordinary gasoline.

Unfortunately for victims, a disastrous fireball is usually just the beginning. Due to the extreme force in these collisions and the extreme weight of large trucks (over 80,000 pounds in most cases), victims are usually pinned under flaming wreckage until emergency responders can control the flames and cut them out of their wrecked vehicles.

Additionally, the heat by itself could cause a burn injury. So, people, like witnesses, who weren’t directly involved in a collision may also sustain costly and painful burn injuries. Usually, a Carlsbad personal injury lawyer can obtain compensation for these victims as well.

Legal Issues

Compensation is a process, not a result. This process involves the facts of the case as well as the applicable legal issues. Since most collision-related burn injuries involve large trucks, the facts and legal issues are usually very complex.

The tortfeasor’s (negligent driver’s) driving record is one of the most important bits of evidence in a large truck collision case. Since most commercial drivers are licensed in several states, a California driving record is incomplete. A driver could have a clean record in California and a terrible record in other states. But foreign driving records are difficult to obtain, to say the least.

The federal Safety Measurement System database addresses this issue. The SMS database is essentially a multistate driving record that includes information about:

• Traffic violations,
• Equipment violations,
• Medical conditions, such as sleep apnea (a condition linked to drowsy driving),
• Substance abuse, and
• Hazmat violations.

The SMS database helps insurers set rates for commercial drivers. It also helps a Carlsbad personal injury lawyer establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Relevant legal issues in a large truck-related burn injury case usually include a higher duty of care and the respondeat superior rule.

Most noncommercial drivers have a duty of reasonable care. They must obey the rules of the road and avoid accidents if possible. Most commercial drivers have a duty of utmost care. They must follow special rules and go above and beyond to avoid accidents.

The respondeat superior rule states that employers, such as shipping and transportation companies, are liable for damages when their employees, such as truck drivers, are negligent during the course and scope of employment.

This rule gives victims access to an additional source of recovery. However, this rule also adds an extra layer to a very complex case. Most transportation and shipping firms are out-of-state, or offshore, holding companies.

Connect With a Hard-Hitting San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

pmc.ncbi.nlm.nih.gov/articles/PMC8223566/