Determining a fair truck accident injury settlement comes down to understanding your legal right to compensation and what damages you can claim from the liable party. At Maison Law, we ensure truck accident victims are compensated for the full extent of their damages by aggressively pursuing the liable party on your behalf. Contact Maison Law today for a free consultation and case evaluation.
What Damages are Included in a Truck Accident Injury Settlement?
An experienced truck accident injury attorney will help you receive a settlement to cover all damages related to your accident. One of the damages you can recover is economic damages. These damages refer to things that can be calculated to an exact amount. Economic damages generally include the following:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your car accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
A second form of damages you can recover from your accident are non-economic damages. Non-economic damages are intangible losses that are not monetary. Non-economic damages include:
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
A third form of damages includes punitive damages, however, these are rarely rewarded in a truck accident injury settlement. For punitive damages to be rewarded, your injuries must be a result of another person’s intentional actions to do harm, or from extreme recklessness. An example of this in the context of a truck accident would be drunk driving or road rage.
How an Insurance Policy Affects a Truck Accident Injury Settlement in California
When it comes to truck accident claims in California, understanding the role of insurance policies is crucial. Insurance serves as a means to protect accident victims from financial loss in the event of accidents or unforeseen circumstances. Their primary role is to assess claims, investigate liability, and determine the appropriate compensation based on policy coverage and legal requirements. An insurance policy can impact a final settlement amount based on the following factors:
- Comprehensive and Collision Coverage: Comprehensive or collision coverage covers the costs of repairs or replacement of a vehicle, regardless of who was at fault.
- Uninsured/Underinsured Motorist Coverage: If the liable driver (the driver who caused the accident) has no insurance or insufficient coverage, your uninsured/underinsured policy can step in and cover the losses.
- Liability Insurance: This insurance is required in California and covers the other party’s damages when the insured is at fault. The state minimum liability coverage according to the California DMV is $15,000 per person for those injured, $30,000 per accident, and $5,000 for property damage.
- No Injury Cases: in cases where no one sustained any injuries, the final settlement will be determined by the property damages, as well as other expenses such as repairs and rental care fees.
Who Can Be Held Liable for a Truck Accident?
Let’s say you’re driving one Saturday morning, going south on Pacific Coast Highway to the beach. A truck attempts to make a quick lane change to get in front of you, but hits the side of your vehicle, sending you over the curb and into the side of the building. Your trip to the beach has turned into an accident scene in a matter of seconds. Your airbags are deployed and the hood of your car is crumpled against a brick wall. Who is at fault?
In the case of a big rig truck being involved in an accident, the corporation who owns the truck will most likely be liable for the actions of their truck drivers through vicarious liability, which is covered in California’s Respondeat Superior Law, which states:
“The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
However, trucking accidents are more complex because several parties can be liable for causing your accident. It may seem simple, but there are a lot of different factors that go into truck transportation. The details of your accident will reveal who, or how many people will be held responsible for your damages. The typical liable parties include:
- The manufacturer of the truck and its parts
- Vendors providing services to the carrier
- The owner of the cargo
- A local government or contract responsible for road or highway maintenance
- Other third-party drivers on the road
Contact a Truck Accident Injury Lawyer in California
If you or a loved one has been involved in a truck accident in California, Maison Law is here to get you the compensation you need. Our team of experienced accident attorneys understands how to exercise every avenue of the law to win you the full extent of your damages. Contact Maison Law today for a free consultation and case evaluation. There are no hidden fees and you will not be charged a cent until we’ve won your case.
