What Is a Truck Accident Lawsuit and How Does It Work?

large commercial truck driving through city in Los Angeles, CA

What to Know About a Truck Accident Lawsuit

When it comes to personal injury law, a “truck accident” lawsuit involves a large commercial truck, such as a tractor-trailer, big rig, semi-truck, or 18-wheeler–rather than a passenger pick-up truck.

Due to the severity of the aftermath, truck accident cases often result in substantial damages, and recovering a fair settlement will require a sound understanding of how to navigate the complex legal processes. Here are the key areas to familiarize yourself with if you are considering pursuing legal action.

 

A Truck Accident Lawsuit IS Different from an Auto Lawsuit

While both types of lawsuits aim to recover damages from a personal injury accident, the processes are very different. This is exhibited in the following ways.

Severity of Damages

person calculating damages to determine compensation for a truck accident

Due to the significant size and weight of a commercial truck compared to a passenger car, collisions often result in serious injuries for the occupants of the smaller vehicle. 

Consequently, this can lead to ongoing medical treatment, expensive medical bills, time missed from work while healing, and even permanent injury.  

Therefore, one primary distinction between auto accident claims and truck accident claims is the severity of potential damages. While significant financial damages can arise from passenger vehicle accidents, the likelihood of such losses is demonstrably higher when commercial trucks are involved.

Varying Legal Regulations

Safety manager explaining to driver how to use electronic logbook at the office

Another difference in truck accident cases is the multifaceted legal aspects that extend beyond standard California traffic laws, such as:

  • Federal Motor Carrier Safety Administration (FMCSA) Laws: The FMCSA establishes laws covering all aspects of commercial trucking operations, such as truck driver hours of service, vehicle maintenance, and cargo loading procedures.
  • State Trucking Laws: Each state enacts its own set of regulations for commercial trucks, often addressing factors like driver qualifications, vehicle maintenance, and cargo securement.
  • Local Ordinance Laws: Municipalities sometimes supplement federal regulations, often having their own trucking laws regarding weight limits, truck route restrictions, and specific safety requirements.

Violations of any of these regulations establish negligence in a truck accident claim. A truck accident lawyer can investigate these areas to determine if the truck driver or trucking company breached any of these laws.

The Necessity for Certain Evidence

commercial truck speeding through Los Angeles near bicyclist and pedestrians

Similar to a car accident case, evidence such as witness statements, a police report, and photos of the accident scene help prove fault. However, another critical component is a truck’s black box.

Commercial trucks are equipped with Event Data Recorders (EDRs), also known as “black boxes.” These devices monitor the vehicle’s operational parameters, such as speed, brake application, and stops.

This captured data aids in reconstructing the events leading up to the collision, potentially determining who is at fault.

For instance, if the black box data indicates the truck driver was speeding, that individual would be at fault for reckless driving. However, if the EDR shows signs of mechanical failure, the trucking company could be at fault for lack of maintenance.

Who Can Be Found Negligent for Truck Accidents

truck transportation, A truck driver walking around semi truck his inspecting and safety check to before driving semi truck.

Truck accident lawsuits typically involve multiple parties compared to standard car accident claims due to federal trucking regulations and shared liability. The following can be found liable for a truck accident:

 

 

Truck Driver

Truck drivers are the most obvious potential defendants, as their actions can be directly tied to causing the accident.

Trucking Company

Trucking companies that employ their drivers and other staff can also be held liable under specific circumstances, such as:

  • Inadequate driver screening
  • Training deficiencies
  • Not reviewing the driver’s prior safety violations
  • Failing to adequately monitor the driver’s performance
  • Not enforcing safety regulations or fixing known mechanical problems
  • Failing to maintain safe operating conditions 
  • Inadequate inspections
  • Improper cargo loading procedures

 

How a Truck Accident Lawsuit Works

Los Angeles courthouse columns

If the trucking company denies liability, a lawsuit may be filed. This process is initiated by filing a complaint or petition with the court, outlining how injuries were sustained, the nature of the injuries, the damage suffered, and why the defendant (the trucking company, truck driver, etc.) is liable. 

Within 30 days, the defendant must either accept or deny liability. If the defendant does not accept liability, the case may go to trial. Although hiring a Los Angeles truck accident lawyer is not required at this stage, it will make the legal proceedings less complicated.

After the initial lawsuit filings, both sides will participate in discovery. This is the phase where information is gathered to build each party’s case. This may involve:

  • Depositions: Questioning witnesses and involved parties under oath, recorded by a court reporter
  • Document requests: Asking the other side to produce relevant documents related to the case
  • Interrogations: Submitting written questions to the other party that they must answer under oath
  • Witness interviews: Speaking with other people who may have information about the accident

Before trial, both sides can file motions with the court. These are formal requests for the judge to take specific actions, such as protecting privacy by preventing the defendant from accessing irrelevant records about the plaintiff.

Either party may request mediation at any point during the lawsuit. Mediation is a voluntary process in which both sides, their lawyers, and a neutral third-party mediator meet to potentially settle the case before going to trial. 

After the discovery phase has been conducted, motions have been filed, and mediation has been examined, the truck accident lawsuit may proceed to trial, where the outcome will be determined by a judge and jury. 

 

How Truck Accident Settlements Are Calculated

Health care billing statement with stethoscope in medical center stone background

Similar to other personal injury claims, a fair settlement should account for all areas of loss directly related to the incident. However, accidents involving commercial trucks, like a semi-truck accident or tractor-trailer accident, often result in more severe damages than smaller auto accidents.

Therefore, compensation could be worth more. The following economic damages and non-economic damages will be considered.

Medical Expenses

Truck accident victims suffering from serious injuries are entitled to fair compensation for all of their medical expenses, including current medical bills and future medical costs. 

Fair truck accident settlements should account for all expenses related to recovery, such as doctor visits, surgery, physical therapy, medication, and other specialty appointments.

Lost Wages

If serious injuries prevent returning to work or limit earning capacity, victims can be compensated for these lost earnings. 

This accounts for the loss of wages that could not be earned while recovering and future income that would have likely been earned. 

Victims who sustained severe injuries or permanent injuries may also be entitled to compensation for earnings lost due to the diminished ability to work.

Pain and Suffering

In addition to recovering financial compensation for physical injuries, truck accident victims can also be compensated for any pain they are experiencing, including physical and psychological. 

Unlike medical bills and lost wages, pain and suffering is not determined by a fixed formula. The severity of physical and emotional pain is subjective and requires careful evaluation.

To accurately assess the full scope of damages, it is advisable to consult with an experienced Los Angeles truck accident attorney.

 

What Is the Average Truck Accident Settlement?

settlement check next to pen

Before filing a lawsuit, both parties may negotiate to settle the truck accident case out of court. This entails filing a demand letter with the at-fault party’s insurance company to seek restitution.

All personal injury cases are unique, with claim values ranging from thousands of dollars to millions. Ultimately, there is not an exact average for a truck accident case. However, the FMCSA has established the following policy limits that trucking companies must carry.

  • $300,000 for non-hazardous freight in vehicles weighing under 10,001 lbs.
  • $750,000 – $5,000,000 (depending on commodities transported) for non-hazardous freight in vehicles weighing weighing over 10,000 lbs.
  • $5,000,000; $1,500,000 operating vehicles with a seating capacity of 15 or fewer passengers

For an accurate estimate of a claim’s value, consult with an experienced truck accident attorney. The top-rated personal injury law firms in Los Angeles can examine a case and calculate damages to determine its value.

 

Assistance With Your Truck Accident Lawsuit

aerial view of Los Angeles Freeway at sunset

If you or a loved one has recently suffered injuries in a commercial truck accident, Angeleno Accident Lawyers can help you pursue maximum compensation for your damages. 

Our personal injury law firm understands the complexities of truck accident lawsuits, and our truck accident lawyers are dedicated to holding negligent parties accountable.

Contact our Los Angeles office today to schedule a free consultation with a member of our award-winning legal team. We will evaluate your specific circumstances, advise you of your potential legal options, and evaluate your personal injury claim. 

CALL AAL TODAY

 

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