Maison Law represents big rig accident victims in California. We help our clients by answering their questions about the process and then help them with their claims. But more than that, we provide support and guidance so they can get the most compensation possible. To learn more, contact us today for a free consultation.
How Do You Get Compensation in a Big Rig Accident Claim?
There’s a lot that goes into any big rig accident in California. But in terms of your legal options and the compensation you can get, it’s all about following the process. It usually starts with figuring out who has to actually pay you. This is known as “liability”, and like any accident, it’s about showing negligence. Negligence simply means someone violated their duty to keep you safe. In most big rig accidents, this is going to fall on:
- The big rig driver
- The big rig driver’s employer
- The big rig manufacturer
- The company that maintains the big rig
- The company that loaded the cargo
- The owner of the big rig or the company that leases it
- The manufacturer of specific big rig parts if there’s equipment failure
Liability can change based on the accident’s details. For example, if the big rig driver was speeding or driving under the influence, they or their employer may be responsible. If there was a tire blowout or improper loading, responsibility might shift to the part manufacturer or loading company.
The second part of getting compensation is actually filing your claim. You can either do this through an insurance claim out of court or a personal injury lawsuit inside the court system. From there, you can potentially recover things like:
- Medical bills from the accident
- Lost income due to the accident
- Future income loss if you have a permanent injury
- Costs to repair or replace your vehicle or belongings
- Physical and emotional pain
- Psychological trauma
- Reduced quality of life
- Changes in relationships
- Scars or disfigurement from your injuries
- Funeral or burial expenses in fatal accidents
These are some of the key challenges you may face after a big rig accident. They are often the first steps in getting the help you need to recover. While this compensation is available, the amount you get is going to depend on a few important factors.
How Much Compensation Do You Get After a Big Rig Accident?
The main factor in determining how much you get in compensation after a big rig accident revolves around how serious your losses are. Obviously, a big rig accident is going to result in pretty serious injuries and other damage because of the huge size difference in the truck and your vehicle. Yet, the types of injuries that often result from these accidents highlight just how severe these accidents can be. Generally, they include things like:
- Concussions and Traumatic brain injuries (TBI)
- Whiplash
- Broken bones
- Organ damage
- Torn or strained ligaments
- Cuts and bruises
- Amputations
- Burns or chemical exposure
These injuries play a critical role in determining the compensation you can receive. The more serious the injury, the higher the potential compensation for your damages. But at the same time, you also have to take certain steps to protect and strengthen your claim so you can get the most out of it.
How Can You Strengthen Your Big Rig Accident Claim?
Being in a truck accident can be terrifying. These large vehicles are powerful, and when they’re involved in an accident, the damage can be severe. However, having legal options doesn’t automatically mean you’ll get compensation—you need to take steps to protect your claim. Here’s how:
- Call 911 for help – Call 911 right away for medical help and ask for the police. Paramedics will treat any injuries, and the police will manage the scene and gather info from the truck driver and others.
- Document the accident site – Take photos and write down key details like the date, time, weather, and the truck involved. Exchange contact and insurance info with the truck driver, others involved, and any witnesses.
- Keep any evidence – Save important documents like medical bills and repair estimates. These will be important when dealing with insurance or legal issues.
- Watch what you say – When talking to the police or insurance, stick to the facts. Don’t say anything that could be used against you, as insurance companies might try to reduce their payout–and your compensation.
The aftermath of a big rig accident is pretty scary. Not only are you likely dealing with pretty serious injuries, but you also have to worry about your recovery. Getting the most out of your claim is a hugely important step in that direction.
Experienced Legal Help After a Big Rig Accident in California
A big rig accident can bring a lot of challenges, and the last thing you want to worry about is covering your medical bills or other damages. That’s where we step in to help by:
- Guiding you through the legal process, explaining your options, and outlining the next steps.
- Investigating the accident, gathering evidence, speaking to witnesses, and determining who’s at fault.
- Protecting your rights against insurance companies and negotiating to get you a fair settlement.
We understand how overwhelming it is to deal with a serious accident and its aftermath. Our experienced lawyers at Maison Law take pride in offering the legal support you need to help you recover. Contact us today for a free consultation to get started.
