Settlement Obstacles in Truck Accident Cases

Truck crash settlements are usually among the largest vehicle collision settlements. But the path to settlement is littered with obstacles.

Injury severity may be the biggest reason truck accident settlements are generally large. A fully-loaded semi-truck weighs more than 80,000 pounds. That massive size multiplies injury severity. Burns are a good example. Most cars have 25-gallon fuel tanks buried under several layers of steel. But most large trucks carry 300 gallons of highly-flammable diesel fuel in external storage tanks.

Additionally, more insurance money is usually available in truck accident claims. Most drivers carry minimum policies that cap damages at about $50,000. But most large truck owners are multinational conglomerates with almost unlimited resources. As a result, these companies can pay much larger settlements.

Only the best Oceanside personal injury lawyer can navigate over, around, or through the obstacles discussed below and obtain the compensation truck accident victims need and deserve.

Physical Evidence Issues

In many cases, truck accidents do not only destroy bodies. They also destroy the vehicles involved in those crashes. This destruction creates evidence issues that an Oceanside personal injury lawyer must overcome.

The large truck’s Event Data Recorder is a good example. These onboard computers measure and store key operational data, such as:

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

An attorney often works with an accident reconstruction professional to put these puzzle pieces together and re-create the crash.

Here’s the problem. Most insurance companies destroy wrecked trucks within a few days. If that happens, any physical evidence the truck contained, including the EDR, is lost forever.

To preserve physical evidence for later inspection, a lawyer must send a spoliation letter to a large truck owner, the same day as the crash if possible. This letter creates a legal duty to preserve all potential physical evidence.

Incidentally, inspecting an EDR is no easy task. These devices are very sophisticated. A legal team must have the proper technological tools and training to download EDR information and effectively use it at trial.

Comparative Fault

Truck accidents involve legal obstacles as well, mostly because California is a comparative fault state. If the victim was partially responsible for the wreck or the resulting injuries, the court could reduce compensation in the case.

Multiple faults are very common in truck accidents because a large truck isn’t just a large car. Truck drivers have poor sight lines and often cannot see fast-approching motorists or drivers who follow too closely, especially at night or in other poor visibility environments. Therefore, a slight driver error, like changing lanes without signalling, could contribute to a truck crash.

The comparative fault law applies to personal injuries as well. If the victim wasn’t wearing a seat belt, in California, the court could punish the victim by significantly reducing, or even eliminating, compensation.

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.

Count on a Tough-Minded 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. The sooner you reach out to us, the sooner we start working for you.