What is Considered a Good Settlement After a California Big Rig Accident?

Unfortunately, big rig accident settlements vary widely based on the details of each case, so it is difficult to put an exact number on what a good settlement should look like. Oftentimes, multiple parties are involved, which can complicate the value of your case, especially when liability is difficult to assign. To understand the specific value of your big rig accident, it is recommended to speak with an experienced big rig accident attorney.

What Influences Settlement Value?

You may consider filing a personal injury claim after a big rig accident in California. If you suffered injuries you will most likely be able to recover damages you’ve been forced to endure after the accident. Several factors may influence how much you will be able to recover. The following factors can determine the value of your settlement:

• Liability: the degree to which the defendant is found responsible for the injury can add value to your settlement. The more reckless the defendant’s actions usually result in a higher settlement.
• Insurance coverage: the defendant’s insurance policy limits can cap the maximum settlement amount. If the defendant has an insufficient insurance policy, then alternate means of compensation will have to be pursued.
• Legal representation: the expertise and negotiation skills of a personal injury attorney will impact the outcome of your case.
• Contributory negligence: California is a pure comparative negligence state, meaning both the plaintiff and defendant can be found at fault. If you’re found at partial fault, then your settlement will be reduced accordingly.
• Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.
• Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case. This is usually presented in the form of X-rays and MRIs.
• Medical history of the victim: the prior medical history of the plaintiff comes into play if they were injured in the same area where they already have a medical history of issues. Under California, the negligent party is not responsible for prior injuries unless they were made worse by the incident.
• Plaintiff’s age: the age of the victim comes into play if the injury may have been a result of “degenerative changes” rather than the careless act, or hazardous condition.
• The occupation of the victim: the amount the injured victim was making and the amount they can no longer make due to their injuries plays a large role in determining their settlement.

What Factors Could Decrease My California Big Rig Accident Settlement?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
3. Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects. According to the US Courts,  inconsistent statements can be used against you in court, and may end up destroying your case.

It is important to work with an attorney to plan ahead to prevent potential setbacks in your case and attempt to turn them into positives for your settlement.

How Your Actions After a Big Rig Accident Can Impact Your Settlement

The steps you take after a big rig accident will be important to ensuring you and your passenger’s safety, as well as protecting your right to compensation if you decide to take legal action. After a big rig accident, you should:

• Ensure the safety of you and your passengers: Depending on the situation, this could mean moving your car to the side of the road, or if you are severely injured, it could mean remaining where you are until help arrives. Check yourself for burns, lacerations, or broken bones. Oftentimes, the adrenaline from an accident can mask the pain from major injuries.
• Call the Police: The police will file an accident report and take down the names of everyone involved, as well as assign fault based on the evidence in front of them. A police report will serve as evidence if you need to back up your claims later.
• Document the incident: Take photos or film the aftermath of the bus accident. Film yourself recounting the details of the incident and describe the pain you’re in. It is best to capture how the accident played out while the memory is still fresh in your mind.
• Gather witness statements and bus driver information: Film or record witnesses willing to give a statement about the accident. Take down their names and phone numbers. Photograph the employee’s employee ID number (if applicable). All of this information will help support your claim and assist your attorney in building your case.
• Do NOT admit fault: Don’t admit fault even if you feel you may have caused the accident. Allow the police to conduct their investigation and determine fault.
• Get Medical Attention: Even if you feel fine, it is important to get checked out by a doctor or go to a hospital. Certain injuries can lie dormant and manifest themselves hours, or even days later.

Contact a California Big Rig Accident Lawyer

If you or a loved one has been involved in a big rig accident in California, Maison Law is here to get you the compensation you need. Our team of experienced accident attorneys understand how to exercise every avenue of the law to aggressively pursue the liable party for 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.