A California big rig accident attorney legally represents the victims of these terrible truck accidents. These crashes are often severe, and victims can suffer catastrophic injuries. With the help of a personal injury attorney with experience in these types of crashes, victims can maximize their settlement offer or take their claim to court to recover the compensation that they deserve.
What is a big rig accident?
A big rig accident is a car crash that involves a big rig truck. Also known as semi-trucks, tractor-trailers, semis, or 18-wheelers, these vehicles are some of the largest on the road. As a result, when these accidents happen, it is often the people in other vehicles that get severely hurt.
Safety regulations by the Federal Motor Carrier Safety Administration (FMCSA) cap the weight of commercial vehicles at 80,000 pounds. Even when they are empty of cargo, though, big rigs often weigh around 35,000 pounds. This is around 10 times the weight of an average passenger car, and 4 times the weight of a large pickup truck.
All of that weight means that the force that a big rig brings into a crash is significantly more than if it was a normal passenger vehicle. That extra force protects truck drivers from the worst effects of the collision. However, it comes at the expense of the drivers and occupants in smaller vehicles that get hit. In fatal 18-wheeler accidents that involve the truck and at least one other vehicle, 97 percent of the fatalities occur in the other vehicle.1
What are some common causes of these truck crashes?
Big rig crashes can happen in a variety of different ways. Some of the most common include:
- excessive speed,
- unsafe driving by the trucker,
- the trucker losing control of his or her vehicle,
- tire blowouts,
- driver fatigue, and
- impaired driving.
However, not all big rig accidents happen because of the truck driver. Some crashes happen because of the negligent or poor conduct of third parties, like:
- negligent loading of a truck, which can lead to a cargo shift that causes the driver to lose control,
- poor truck maintenance, and
- a design or manufacturing defect in the truck or in one of its parts.
The cause of the big rig accident matters. The party that bears responsibility for the crash will be held liable for it.
In many large truck accidents, though, there are multiple negligent parties. Even the victim can be negligent. In California, these shared fault cases are resolved with the rule of pure comparative negligence. This rule allows victims to recover compensation for their losses, even if they contributed to the accident. However, the amount of compensation that they can recover is reduced by their percentage of fault.
For example: Lucy is driving while distracted and does not see the big rig changing lanes unsafely ahead of her. At trial, the jury decides that she has suffered $1,000,000 in losses, but was 40 percent responsible for the motor vehicle crash. Under pure comparative negligence, Lucy would not be allowed to recover 40 percent of the compensation awarded to her. She would only be awarded $600,000.
What kinds of injuries do truck accident victims suffer?
Because big rigs are so heavy, truck accident injuries are severe and often life-threatening. Some of the most common and serious injuries include:
- broken bones,
- life-threatening cuts and lacerations,
- whiplash,
- head injuries, including traumatic brain injuries (TBIs),
- internal bleeding,
- back and spinal cord injuries, and
- paralysis.
Victims who have suffered one of these injuries deserve compensation. If the commercial truck accident proved to be a fatal one, the victim’s family is entitled to it. They can pursue it with a wrongful death claim. An experienced truck accident attorney with a strong record of success can help.
What kinds of compensation can a truck accident claim recover?
California personal injury law allows victims in big rig accidents to recover financial compensation for all of their losses that resulted from the crash. In many cases, this includes compensation for:
- medical bills,
- medical expenses for ongoing or future medical care,
- emergency medical treatment,
- wage loss,
- diminished earning capacity, if the injuries will prevent the victim from earning a living,
- pain and suffering,
- emotional distress,
- loss of consortium, for the trauma that the victim’s loved ones have been put through, and
- repairing or replacing the victim’s property damage.
If the semi-truck accident happened because the responsible party acted extremely badly, punitive damages may be available. These damages are meant to punish the liable party for egregious conduct.
Is there a way to hold the trucking company liable in a truck accident case?
Yes, in many cases it is possible to hold the trucking company liable for an auto accident involving one of their large commercial trucks.
California personal injury law recognizes the concepts of vicarious liability and respondeat superior.
Vicarious liability holds one party liable for the negligence of someone else, even though the liable party was not actually responsible for the accident. Respondeat superior, which is Latin for “let the boss answer,” is likely the most common form of vicarious liability. Under respondeat superior, employers are held vicariously liable for the negligent acts of their employees that happen on the job.
Using these doctrines, a truck accident lawyer can hold the commercial trucking company liable for the crash and its results. This is important because the company is far more likely to have the insurance coverage necessary for the victim to make a full recovery.
How can a truck accident lawyer help in my case?
A truck accident lawyer can help a victim in a big rig crash by increasing the settlement amount, and by filing a personal injury claim, if the settlement is not enough.
Soon after the tractor-trailer accident, an insurance adjuster representing the responsible parties will make an initial settlement offer. This offer is designed to look enticing while still drastically undercompensating the victim. It is made in the hopes of getting the victim to settle the case quickly so the insurance company can avoid making a big pay out.
Victims who hire a personal injury lawyer from a reputable law firm, especially one experienced in car accidents and big rig accidents, benefit in 2 ways:
- their lawyer will have a better understanding of how much compensation the victim deserves, and
- the insurance company will see that it will have to make a fair settlement amount.
This means that victims who have legal representation often see a much better settlement offer than those who do not have it.
If no satisfactory offer is made, a truck accident attorney can take the next step and file a truck accident claim in court. This is a personal injury claim – a formal demand for compensation for losses suffered at the hands of another. It has to be made before the statute of limitations has expired. Filing the claim often heats up the settlement negotiations. However, if no settlement has been reached before the trial date, the case will be presented to the jury for their verdict.