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Typically, 18-wheeler accidents result in larger settlements than motor vehicle accidents. Settlement offers can vary widely based on the extent of damages, with some cases resulting in higher payouts when injuries are severe.
Understanding 18-wheeler accident settlements can be helpful for victims seeking compensation. Various factors can influence a potential settlement offer, making it challenging to calculate an exact amount. However, consulting skilled truck accident lawyers can clarify your case’s potential value. Call Arash Law at (888) 488-1391 for a free case review.
How Lawyers Assess Your Truck Accident Settlement Value
When it comes to 18-wheeler accidents, understanding the potential settlement value can be beneficial. Here are some of the factors your truck accident lawyers may consider when estimating a potential settlement value:
- Severity of Injuries — The extent of injuries sustained in an 18-wheeler accident can significantly impact the recoverable compensation. From minor injuries to life-altering trauma, severity matters.
- Medical Expenses — Medical bills can skyrocket after a truck accident. These expenses are a crucial consideration in settlement negotiations.
- Impact on Daily Life — If your life has been substantially altered due to the accident, it can impact your settlement. This includes disruptions to your daily routine and quality of life.
- Pain and Suffering — The emotional toll of an accident is often considered in settlements. Pain, suffering, and emotional distress are factors to discuss with your legal team.
- Property Damage — Settlements are based on the severity of the damage to your vehicle. Documenting the extent of motor vehicle damage is essential.
- Negligence of the Truck Driver — If the truck driver was negligent, reckless, or violated traffic laws, they may be held more responsible. This can influence the potential settlement available.
These factors combined can result in settlements ranging from minimal compensation to substantial amounts based on the specific circumstances of each case.
While every case is distinct, you can get an estimate of your potential settlement value by discussing your situation with experienced truck accident attorneys. They can review the details of your accident, assess the strength of your claim, and estimate the recoverable damages available in your case.
Estimating The Damages You May Pursue After An 18-Wheeler Accident
To estimate the damages to which you may be entitled, your injury lawyer must compile various pieces of evidence documenting the financial costs or value of your losses. The following evidence can be presented to the insurance company:
- Medical costs
- Bills for counseling sessions
- Pay stubs
- Payment invoices
- Project costs or hourly rates for freelance employment.
- Signed contracts specifying the payment to be sent for the services done.
- Timesheets and work schedules
- Vehicle damage and replacement quotes
- Diminished value estimates
- Bank statements
- Photos of your severe injuries
On the other hand, non-economic damages resulting from an accident depend on how it affects your quality of life. The monetary value of non-economic damages is often difficult to calculate because they are considerably more complicated to measure.
These losses are given a monetary value based on several variables. When calculating your non-economic damages, your lawyer will consider the following:
- Your age
- Health condition before the truck accident
- Disabilities you’ve sustained
- How the injuries affect your daily life
- The duration of the injuries
- The severity of the injuries
- The degree to which you can recover
- Life expectancy
- Insights from professionals in the fields of economics, medicine, and life care planning
The non-economic losses you sustain can be more challenging to demonstrate than your financial losses. As a result, they might substantially influence your compensation, as they illustrate the intangible impact of the truck accident on your life. Your truck accident lawyer can help estimate your losses and advocate for fair compensation on your behalf.
How Is Fault Determined After An 18-Wheeler Accident?
California is a “pure comparative negligence” state when it comes to determining fault and awarding damages in personal injury cases.
In a pure comparative negligence system, a plaintiff’s potential compensation may be decreased in proportion to their level of fault. Suppose the defendant is deemed 70% at fault and the plaintiff 30% at fault for an accident resulting in $100,000 in damages; the defendant would only be responsible for $70,000. Hence, the victim may only receive $70,000.
Even if the plaintiff is found to be more at fault than the defendant(s), they can still seek damages. For instance, if the plaintiff is 90% at fault and the damages are $100,000, the plaintiff would still be able to pursue $10,000.
The closer the driver is to 100%, the more responsible they may be deemed for the accident, resulting in a greater extent of liability. If that is the case, the settlement may be higher. Our experienced car accident lawyers can help protect victims’ rights and challenge any inappropriate assignment of fault.
Identifying Liability In 18-Wheeler Accidents For Successful Settlements
A settlement in a truck accident case also hinges on establishing liability. Various factors can contribute to this determination. In some instances, driver errors alone can pinpoint the responsible party. Truck drivers may be held responsible for engaging in reckless and negligent behaviors, including:
- Distracted Driving — Distracted driving poses a huge risk, particularly when operating large vehicles such as 18-wheelers. The consequences of distracted driving can be catastrophic, often resulting in severe injuries or fatalities.
- Speeding — Excessive speed can cause vehicle loss of control, extensive property damage, and harm to other road users. A truck driver exceeding the speed limit heightens the likelihood of rollover accidents, especially when carrying heavy cargo.
- Drunk Driving — Operating a truck under the influence of alcohol has dire consequences. It impairs reaction times and decision-making abilities, substantially increasing the risk of accidents and jeopardizing the driver’s employment.
- Drowsy Driving — Fatigue significantly impairs a driver’s reaction time and judgment, making them more accident-prone. Overtired truck drivers are at an elevated risk of causing accidents.
- Aggressive Driving — Aggressive behaviors like speeding and tailgating can create hazardous situations, leading to serious collisions and fatalities.
Taking a broader perspective on your case, you might discover that trucking companies are also susceptible to making profound errors that result in accidents. Convincing insurance companies of the responsible party’s negligence may require presenting compelling evidence.
Can I Sue The Trucking Company For My Injuries?
The responsibility for your accident may also extend to the truck driver’s employer. If the employer fails to adhere to the Federal Motor Carrier Safety Administration (FMCSA) guidelines, they could be liable for your injuries.
These are some of the guidelines that must be followed strictly:
- Operators of 18-wheelers must comply with hours-of-service regulations.
- Drivers of cargo-filled vehicles can drive for 11 hours after ten hours off.
- Over-fatigued drivers are more likely to cause accidents.
Commercial vehicle carriers are responsible for ensuring drivers adhere to these rules. The company could be liable if the employer knew about or promoted such a breach.
It is also possible that multiple parties are liable for your injuries. For example, the driver, the people who loaded the truck, the truck manufacturer, and others. Our lawyers will examine your case and identify parties who may be responsible. We can then help you file claims against each of them.
What Is A Fair Settlement Offer For My Truck Accident?
A fair settlement offer may include compensation for your past, present, and future expenses related to the incident. Your lawyer can help you evaluate whether a settlement offer is reasonable. Moreover, they can help you identify all of the factors that should be considered in the settlement, such as the severity of injuries, lost income, permanent disability, wrongful death, and more.
We at Arash Law, headed by Arash Khorsandi, Esq., understand how a truck accident may impact your life. Committed to representing your interests throughout the legal process. Contact our lawyers at (888) 488-1391 to explore your legal options.
Do 18-Wheeler Accidents Go To Trial Often?
If you’ve been involved in an accident with an 18-wheeler, it’s natural to consider the potential trajectory of your case. While many personal injury cases are settled through negotiations between the involved parties, there are situations where a reasonable resolution can’t be reached.
You may end up in front of a judge if your 18-wheeler accident case hasn’t been settled out of court. Therefore, you may need to consider hiring an experienced truck accident lawyer to assist you. Their trial experience is essential for challenging the opposing side, presenting evidence, and representing your interests throughout the trial.
How Long Does It Take To Resolve A Compensation Claim?
Solving 18-wheeler accident cases can take a few months to several years. There is, however, considerable variation in the duration of a settlement or trial, depending on the complexity of the case. A victim’s recovery can shorten the time. However, with 18-wheelers involved, this is rarely the case.
Accidents involving trucks can lead to serious injuries that may require extensive medical treatment. It can also be difficult to calculate the victim’s medical expenses because it may be unclear what their medical needs are in the immediate aftermath of the accident.
Filing a lawsuit is advisable until the victim’s treatment plan is resolved. Generally, a two-year statute of limitations may apply to filing a lawsuit in California. This deadline must be strictly adhered to; otherwise, your case may be dismissed. However, certain exceptions may impact the statute of limitations, such as:
- A government entity may be responsible for your losses.
- The defendant is a minor.
- Your injuries were not immediately apparent after the accident.
- The defendant is out of state.
Injured In An Accident? Consult Our 18-Wheeler Accident Lawyers!
If you or a loved one has been injured in a truck accident in California, you may want to consult an experienced truck accident lawyer.
Arash Law can help injured victims in California explore their legal options. If you were injured in a truck accident, we can pursue fair compensation on your behalf.
Our truck collision and car accident lawyers have decades of experience helping clients with their personal injury cases. We can help you overcome the unique challenges and handle the legal procedures involved in pursuing a truck accident claim.
Contact us at (888) 488-1391 for a free initial consultation. We understand how challenging truck accidents can be for you and your family. That is why we work diligently to assist you with your claim.
