Am I Eligible for a Truck Accident Settlement?

The basic elements of a truck accident claim are outlined below. The victim/plaintiff must prove each element by a preponderance of the evidence (more likely than not).

One reason a lawyer should always review your claim is that California is a comparative fault state. If both parties were partially responsible for a crash, compensation is available. So, if an insurance or police investigator said you were at fault, you may still be eligible for a truck accident settlement.

All of these crash victims badly need large settlements. Truck accident injuries are normally catastrophic (life-threatening). Serious burns are a good example. Ordinary gasoline and diesel fuel burn at different temperatures. Furthermore, many victims are pinned beneath flaming truck wreckage until emergency responders free them.

Accident settlements usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A Carlsbad personal injury lawyer can obtain additional punitive damages as well, in some extreme cases.

Duty

Accidents happen, but most truck crashes are not “accidents.” Therefore, they don’t just “happen.” Driver error causes almost all large truck crashes.

Furthermore, commercial drivers, including truck drivers, have a higher duty of care in California. Most noncommercial drivers have a duty of reasonable care to reactively avoid accidents (i.e. get out of the way if possible). Most commercial drivers have a duty of utmost care to proactively avoid accidents (i.e. anticipate them and act accordingly).

Breach

Because of the higher duty of care, almost any driver impairment or aggressive driving is a breach of duty.

• Aggressive Driving: A fully-loaded large truck weighs over 80,000 pounds. Even an experienced truck driver can hardly control such a large vehicle, especially if the driver speeds, changes lanes unsafely, or otherwise operates aggressively.
• Operator Impairment: Among truck drivers, drug use is one of the most common kinds of operator impairment. To stay awake as long as possible, many truckers use amphetamines. These drugs do make drivers feel more awake. But they don’t counter the underlying effects of fatigue, such as poor judgement and slow reactions.

Shipping and transportation companies indirectly encourage aggressive driving and operator impairment. Most companies pay drivers by the load, not by the hour. This responsibility plays an important role in truck crash damages. More on that below.

Cause

In simple terms, the breach of duty must substantially cause the damages. Causation is a two-part test in California.

But-for causation is the first part of this test. In other words, the accident wouldn’t have happened “but for” the tortfeasor’s (negligent driver’s) negligence. The same thing is true of damages. If a pre-existing condition contributes to truck crash injuries, maximum compensation is available if crash injuries aggravated that pre-existing condition, as opposed to the other way around.

Additionally, a Carlsbad personal injury lawyer must establish foreseeability (possibility) of injury. If a surgeon makes a medical mistake, that injury isn’t foreseeable, from the tortfeasor’s perspective.

Damages

As mentioned, damages include both economic and noneconomic damages, if the victim sustained a physical injury or incurred property damage. “Near miss” accidents may constitute negligent infliction of emotional distress in some cases.

Also as mentioned, a trucking or shipping company could be financially responsible for damages, under the respondeat superior rule. These companies often create dangerous environments, mostly by hiring unqualified drivers or putting too much pressure on them. As a result, like a ship captain is ultimately responsible for crew conduct, the employer is ultimately responsible for damages.

Work With a Diligent 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. Virtual, home, and hospital visits are available.