Kevin Levian Esq.
9 December, 2024
Of all the accidents you can get in on California roadways, the last one you want to be in is one involving a big rig, semi-truck, or other massive commercial vehicle. If you are fortunate enough to survive, injuries are likely, and this article can help you understand how to recover compensation for the harms you’ve suffered through the California personal injury claim system.
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While there are inevitably several factors behind every accident, some patterns and trends emerge…
1. Fatigue: Commercial vehicles are often driven by seasoned truck drivers; sometimes, all the way from New York to Los Angeles. These drivers tend to pull long hours because their companies are pressuring them to meet tight delivery deadlines, so they just start falling asleep while driving.
But, of course, fatigue causes bad concentration, blurred vision, and impaired decision-making. When someone is tired, they will never be able to react as quickly. Unfortunately for other motorists, this is almost as bad as being drunk – and due to the size of their vehicles, far more deadly.
2. Risky Drivers: Truck drivers are not always at fault, sometimes another driver’s behavior is responsible. For example, it is very difficult to stop an 18-wheeler truck in time. If a vehicle pulls tightly in front of them, the trucker might have to veer, causing an accident.
Any sort of risky behavior from truck drivers or other vehicles can contribute to commercial vehicle accidents. Because of this, if you notice a trucker driving recklessly, you should either call 911 or the number on the back of the truck; such calls can make all the difference. Not only in your own or someone else’s personal injury claim – but potentially in saving someone’s life.
3. Distracted Driving: Truck drivers are not allowed to have their phones in their hands, but not all states have the same laws; many allow devices to be attached to the dash. Unfortunately, these laws are not in the best interest of most motorists – when any driver is not paying attention, getting text messages, or watching TV, it puts everyone at risk.
4. Driving Under The Influence: The most reckless drivers and truckers sometimes hit the road under the influence of drugs or alcohol. Meanwhile, other drivers might take prescriptions to stay awake or deal with pain, not realizing that it is impairing their reaction time or ability to drive. Regardless of whether or not the influential substance is prescribed or not – driving under the influence is both dangerous and illegal.
5. Poor Driver Training: Trucks are not easy to handle like a four-wheeled car. If a bad driver is behind the wheel, it is at least partially the responsibility of their driver’s training and licensing institutions. In the case of major accidents, drivers may not have had enough practical training or taken enough classes – simply because their commercial company wants to send them out on the road as soon as possible. Unfortunately, this means that company just put a dangerous weapon in the hands of someone who is not equipped to handle it safely.
6. Truck Maintenance: Another common problem which trucking companies are often to blame for is trucks not being maintained well enough. When they break down – for example if brakes fail, or the transmission doesn’t work well – it can cause accidents, injuries, and even death.
Tragically, when large commercial vehicles collide with much smaller cars, you’ll often see severe injuries and a high rate of mortality. When lives are not lost to these accidents, the injuries that occur tend to be much more serious than a typical fender bender. For example, they might include neck and back fusions that need multiple surgeries or traumatic brain injuries with life-long effects.
Although these crashes are called “accidents”, the truth is that these incidents are usually caused by the carelessness of truck drivers, commercial carrier companies, or third-party negligence.
If you have been injured in a trucking accident, you might not even realize all the possible parties responsible. This is one of the main reasons why you need a personal injury attorney: to get to the bottom of the chain of responsibility and make sure everyone along the way pays their fair due.
Each and every accident needs to be assessed on a case by case basis but, most of the time, responsibility will fall on the truck, its driver, or their company. A lawyer will be able to determine the negligent parties by reviewing all evidence, speaking to the police, and interviewing witnesses.
Commercial insurance policies for trucks and businesses in California carry higher coverage limits than the premiums that the personal vehicle insurance policies have. This is due to the increased risk of commercial driving and the higher losses and costs involved in their accidents.
These policies usually have a $1 million minimum rather than the $15,000 limit for passenger vehicles like cars. This is good news for injury victims, as the truck company’s insurance is more likely to be able to cover their costs.
Another key difference between commercial insurance and personal insurance is the policy terms and conditions. Commercial insurance policies are more complex than personal ones, offering additional coverage like general liability, cargo insurance, and workers’ compensation.
In California, there is no set amount for what your truck accident case is “worth.” That is determined based on the unique circumstances of your case, including:
The value of your claim can also be impacted by who can be held liable for the accident. For one, if you are involved in an accident with a commercial truck, the truck driver must be held liable. However, it could also be the fault of the trucking company or the truck manufacturer. Should this be proven true, your case would be worth even more.
Finally, it’s important to note that even if you were partially at fault, you should still seek to recover compensation for your truck accident. This is because every commercial truck accident has a unique factor, though the overall value might be diminished depending on how much your personal negligence contributed to the collision.
There are many differences between commercial vehicle accidents involving large trucks and your typical car accident personal injury claims. Some of the most notable differentiating factors include…
When they know you do not have an attorney, the insurance company is going to try to give you what they can to quickly settle before you know what your true losses are. On the other hand, by making insurance companies fear that you will bring a lawsuit against them, a good personal injury lawyer can often get them to offer a fair settlement in the face of future legal expenses from a trial.
For more information on Filing A Trucking Accident Injury Claim In CA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 833-3-LEVIAN (538426) today.
