Truck accidents are especially heartbreaking due to the greater damages and injuries that often result from the collision of larger vehicles. Following these accidents, insurance companies will sometimes factor in the fact that there are more serious injuries and repair costs when submitting a settlement offer to the accident victims. Yet this doesn’t always happen, and even when it does, the settlement offer is often still woefully inadequate. It doesn’t even come close to fully covering medical costs, repair bills, and lost income due to missed work.
If you’re involved in a truck accident in California, you may find yourself on the receiving end of a low-ball settlement offer from the at-fault driver’s insurance company. Should this happen, the truck accident lawyers of Maison Law can help you negotiate a bigger settlement amount. To learn more about what we can do for you, contact us for a free, no-obligation consultation.
Recoverable Damages in a Truck Accident Settlement
Getting hurt in a truck accident in California means you’re potentially eligible to receive up to three types of damages: non-economic, economic, and punitive.
Non-Economic Damages
These are subjective damages that are usually difficult to calculate, as they often compensate you for psychological injuries or harm suffered. Common examples of non-economic damages include:
- Pain and suffering
- Emotional Distress
- Stress and Anxiety
- Loss of consortium
Economic Damages
These are financial damages that relate to economic losses you suffer directly as a result of the truck accident. They cover expenses like:
- Medical bills
- Lost income
- Lost future income
- Vehicle repair or replacement costs
Punitive Damages
The point of punitive damages isn’t to compensate you, but to punish the at-fault party. Courts also use punitive damages to sometimes “set an example” of at-fault parties in the hopes that it will deter others from acting in a similar way.
Most truck accidents don’t result in punitive damage awards, as they’re usually the result of negligent behavior. However, if a defendant acts in an intentional, reckless, or egregious way, a court may be inclined to punish such conduct.
For example, pretend a truck driver accidentally misses a stop sign and T-bones your vehicle. This scenario probably won’t result in punitive damages. But if that truck driver got angry that you didn’t use a turn signal when changing lanes and, in a fit of road rage, rammed their truck into you, then punitive damages may be a possibility.
California Truck Accident Settlement Amounts
There’s no formula that can perfectly calculate an ideal settlement amount that both sides are likely to accept. This is due to many variables that can affect the value of a case, such as:
- Credibility of witnesses.
- How sympathetic you could come across to potential jurors.
- Severity of your injuries, including the presence of permanent disabilities or disfigurement.
- Extent of vehicle damages.
- The existence of any abhorrent conduct by the at-fault party.
- The strength of your evidence for proving fault and the extent of your damages.
- Car insurance coverage limits.
- Whether the defendant disputes being at fault.
- Your level of fault, if any, in causing the accident.
This last point is important because it brings up the legal doctrine of comparative negligence, which applies to personal injury cases. Specifically, California law states that a plaintiff’s level of fault for causing the harm they suffer can be used to reduce the amount of money they can recover. Let’s use a hypothetical situation to illustrate.
You get into an accident with a delivery truck resulting in $100,000 in damages for lost wages, medical bills, and vehicle repair costs. However, you were traveling at 65 miles per hour on a 55 miles per hour road when the drunk delivery driver hit you by failing to yield. As a result, a jury concludes that you were 10% at fault for the accident. If you win your case, you won’t receive $100,000, but instead $90,000.
How To Get the Largest Truck Accident Settlement Offer Possible
There are steps you can take to get the biggest settlement offer possible. Some of these strategies will not only help during the settlement negotiations, but also help your overall health.
- See a doctor or other appropriate healthcare professional. Getting proper medical attention after your accident is important for two reasons. First, you want your injuries treated. Second, you need to create a record of your injuries, including the treatments required and their cost. Without these records, insurance companies will assume you weren’t injured in the accident or that your injuries are far more minor than you claim.
- Follow your treatment plan. Ignoring or deviating from your doctor’s treatment recommendations is probably bad for your health. It also prevents you from showing how serious your injuries were and what it took to treat them. It’s also hard to argue how bad your injuries are when you’re not treating them as recommended by your doctor.
- Get multiple vehicle repair estimates. The car insurance company won’t take your word for how much it costs to repair your car. They will want to see repair estimates, and the more estimates you have, the more likely the insurance company will accept your damage repair claim.
- Keep good records. Whether it’s your medical bills, your missed paystubs (due to missed work), or your vehicle repair estimates, having documentation is key to maximizing your settlement offer. The easier these records are to find and produce, the easier your settlement negotiations will be. It also helps to take notes after the accident about what happened and how your injuries have affected your personal and professional life.
- Keep an eye on the statute of limitations deadline. As a victim of the truck accident, your biggest leverage during negotiations is the threat of a lawsuit. The possibility of litigation and a significant judgment is a strong motivator for the at-fault party to settle the case on your terms as much as possible. For most truck accident cases, you’ll have two years from the date of the accident to file a personal injury lawsuit. If the at-fault driver worked for the government, you might have as little as six months. Don’t let this deadline pass; otherwise, any settlement offer you receive will be much smaller (assuming you receive one at all).
Why You Should Have a Lawyer During Settlement Negotiations
You can try to negotiate with an insurance company by yourself, but it’s almost assured that any offer will be lower than if you hired an attorney. For one thing, the insurance company will know you’re unrepresented and try to take advantage of you. Even if you get a somewhat fair settlement offer, there may be terms and conditions that you must agree to that might not be in your best interest. Below are some other benefits of having a truck accident lawyer by your side during negotiations:
- Identification of all at-fault parties. It can sometimes be challenging to know exactly who can be legally liable for your injuries. In addition to the truck driver, other liable parties could include government entities, the truck driver’s employer, third-party contractors, and other drivers in the accident.
- Handling your insurance claim. No one likes dealing with insurance companies, especially when they’re trying to avoid paying out claim benefits. Having a lawyer to negotiate on your behalf removes a lot of stress and anxiety. Your lawyer’s negotiating skills can also reduce the chances of a low-ball offer, too.
- Preparing for litigation. Not all settlement attempts end up with an agreement, which means you may have to file a lawsuit if negotiations break down. If you have a lawyer handling your settlement negotiations, they’ll already have all the information they need to file a lawsuit. They can also ensure you’re following the proper legal and administrative procedures to increase your chances of maximizing recovery and avoiding procedural delays.
- Peace of mind. Besides handling the work of trying to reach a settlement, having a lawyer provides peace of mind of knowing that everything that can be done is being done to obtain a full and fair settlement.
Talk to a Maison Law Truck Accident Settlement Attorney
Getting into a truck accident can be life-changing, but don’t let an insurance company add insult to injury with a settlement offer that doesn’t come close to compensating you. If you or a close family member got hurt in a California truck accident, insurance company negotiations are to be expected to resolve your legal claims for compensation.
Don’t let the insurance companies take advantage of you. Instead, have a truck accident lawyer from Maison Law advocate on your behalf. With our help, we’ll ensure you get fair compensation that fully compensates you for the harm you suffered. Contact us to get started with a free, no-obligation consultation.
