How Truck Accident Settlements Are Determined
In the aftermath of a truck accident, the victims who have suffered injury or damage to their property are subject to a truck accident settlement. This is monetary compensation for the suffering that an individual endured from the collision. It aims to address permanent disability, the victim’s medical bills, damage to their property, lost wages, and their consequential pain and suffering. These settlements vary significantly as they are carefully determined by the exact circumstances of each accident. And since no two cases look quite the same, understanding what kind of settlement to expect can be challenging. In this article, we’ll discuss how truck accident settlements are determined:
The bases for a truck accident settlement:
First, it is important to understand the requirements for a truck accident lawsuit. Victims of truck accidents typically have a sound basis for a legal claim in any of these circumstances:
- If the truck driver presented carelessness or lack of attention while driving
- The truck driver was unreasonably fatigued
- The truck driver received insufficient training, or they were inexperienced for the job that was being performed
- The truck driver violated traffic laws
- There were vehicle malfunctions or failures that lead to the accident
- Trailers were inappropriately attached
- The truck’s cargo was poorly loaded
Before one can determine the settlement amount, it is necessary to prove that a truck driver or his vehicle was to blame for the collision. Upon doing so, the precise amount for the settlement can be determined. So, how exactly is this conducted?
Truck accident settlements take into consideration a variety of factors. These influencing factors include:
- A case of wrongful death
- The type and extent of the injuries of the victim. Typically, the more severe the injury, the higher the compensation. Keep in mind that compensation will increase with any case of permanent disability
- The amount of property damage and medical bills that the victim must face
- The anticipated expense of medical treatments or lost wages in the future
- The history of the negligent party in causing the accidents with injuries
In the case of wrongful death, family members are awarded burial and funeral costs as well as financial support for the deceased’s survivors.
Who is financially responsible?
The truck driver themself might be required to pay for damages in cases where they work independently of a trucking company. However, for the majority of situations, the employing trucking companies and their insurance policy-holding companies will be financially responsible.
How does a truck accident settlement differ from that of personal vehicles?
A truck accident settlement varies in several ways. About 12 percent of car accidents are fatal, while 27 percent of truck accidents involve fatalities. So, in most cases, these types of accidents are far more severe, and complicated, and result in higher settlements. If you or a loved one has suffered the physical, emotional, and financial devastation of a truck accident, it is imperative that you seek legal assistance. We at William D. Shapiro Law, Inc. are prepared to offer expert legal counsel and advocacy for your truck accident settlement. Do not hesitate to reach out to us for aid in this season of critical need.
William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.