Question

What is my truck accident case worth in California?

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Conal Doyle - Personal Injury - General - Super Lawyers

Answered by: Conal Doyle

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Beverly Hills, CA
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Injuries sustained in a truck accident tend to be very severe. This is because dump trucks, semitrucks, 18-wheelers and other commercial trucks are extremely large and heavy. Some weigh up to 80,000 pounds and are no match when they collide with small passenger vehicles.

As such, when commercial trucks are involved in collisions with much smaller vehicles, passengers and driver injuries tend to be severe, catastrophic—and costly.

However, the amount of compensation a victim could recover for truck accident injuries in California depends on the specific situation.

The parties involved, their actions, and the type of injuries sustained play an integral part in determining how much a truck accident case is worth.

The Parties

A collision with a commercial truck, as opposed to a passenger car, is different because such drivers, and the trucking companies they work for, must adhere to strict CDL rules and regulations implemented by the Department of Transportation.

How long they can drive without taking breaks, how long they must rest before getting back on the road, and the load weights they can carry are a few strict rules they must adhere to.

Unfortunately, trucking companies and their drivers often skirt these rules — mostly in an effort to increase their profits.

Depending on the violation, if the illegal conduct played a part in the cause of the accident, it can increase the value of the victim’s case. 

The Injuries

Injured individuals are able to recover what’s referred to as economic damages, or monetary out-of-pocket losses, like medical expenses and lost wages, the injured party has incurred or will incur in the future.

When it comes to future economic damages (compensation the victim will need to pay for future expenses associate with his or her injury) a life care plan is typically created. The plan outlines the individual’s specific care and rehabilitation needed for the remainder of his or her life and the total costs associated.

This helps to determine the overall value of the victim’s case.

A Case-In-Point

Let’s say, for example, a motorcyclist was hit by an 18-wheeler on the highway, and the driver of the semitruck was found to be driving under the influence of alcohol.

The victim sustained a multitude of injuries, including brain damage, spinal cord injuries and eventually need surgical amputation of his left leg. The victim is not only likely to recover compensation for medical expenses, including surgical procedures, doctor visits, physical therapy and lost wages but also future economic damages.

A life care plan may outline expenses needed for continued replacement and maintenance of the prosthetic limb, 24/7 personal care assistants or daily attendants, modifications to vehicles, physical therapy and more.

Recovering Maximum Compensation

Although each case differs, victims in such incidents are often able to recover million-dollar settlements or awards.

The help of an experienced personal injury attorney is vital to recovering maximum compensation in trucking accident injury cases. You or your loved one could be missing out on necessary compensation without a skillful advocate by your side.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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