Why Truck Accident Cases are So Much More Complex Than Car Accident Claims in California

At first glance, it would seem like recovering compensation after a truck accident in California would be pretty similar to recovering compensation after a car accident. But in reality, truck accident cases are usually far more complicated. And unfortunately, victims can often have a much more difficult time recovering full compensation for their injuries, even when those injuries are undeniably severe.

That’s why it’s essential to work with an attorney who is experienced in handling truck accident cases. The trucking companies and insurance firms that defend them will work diligently to shift liability to someone else and avoid paying compensation, so it is important to be prepared to counter their tactics as quickly as possible.

Many Different People Could Be Held to Blame

In a car accident case, usually there are only two people involved, along with their insurance companies. Fault is assessed between two drivers who are also responsible for owning and maintaining the vehicles.

But the situation is very different when a commercial truck is involved in a collision because many individuals and companies may have a working connection with the truck. Fault could be split among a wide array of parties, including:

• A repair shop that failed to recognize a problem or that completed repairs improperly
• The company that loaded cargo on the truck, such that the cargo was not balanced or secured appropriately
• A company that manufactured parts for the truck, if those parts were defective
• The driver of the truck, if the driver was driving while impaired or behaving recklessly
• The owner of the truck if maintenance was not performed on a reasonable schedule
• The company that employed the driver, if they did not ensure the driver was adequately trained, or if the company set a schedule that required the driver to speed or to operate beyond the legal limits

Each party may have a different legal team and a separate insurance company involved in the case. They will all attempt to prove that the accident was someone else’s fault. 

Frequently, they will try to argue that the accident victim caused the collision. It is important for victims to gather evidence of causation as quickly as possible after the accident. However, some evidence, such as records from the trucking company, may require legal discovery to obtain. An attorney can help with the collection and preservation of evidence, which is one reason it is helpful to begin working with a lawyer right away after a truck accident.

Federal and State Rules

Car accident cases in California are usually governed by state law. By contrast, commercial truck accident cases often involve both federal and state law.

The Federal Motor Carrier Safety Administration sets standards that commercial trucking operations must follow. This includes strict limits on the number of hours a driver may operate without taking substantial rest breaks. The standards also include requirements for vehicle maintenance. California imposes additional requirements, including limits on vehicle weight and restrictions on the routes trucks can use.

Information about compliance with some of these regulations is maintained by trucking companies, often on devices such as event data recorders and electronic logging devices. However, this data may be erased or overwritten as part of routine operations unless an attorney acts swiftly to preserve it.

If it can be proven that a trucking company has violated safety rules, then it is much easier to establish negligence and liability on the part of the trucking company. Naturally, they will not voluntarily hand over incriminating information, so it takes concerted effort to uncover the evidence needed to establish liability against a commercial trucking enterprise.

Greater Injuries

Trucks operating in California can weigh up to 80,000 pounds. That is about 25 times more than most passenger vehicles in our state. It doesn’t take much imagination to picture the devastation that occurs when a heavy truck collides with a passenger vehicle. Injuries are often catastrophic.

This is another reason why truck accident cases are so complex. When victims suffer injuries that have such a tremendous impact on their lives, such as traumatic brain injuries, it is important to ensure that damages are sought to cover the full impact of the injuries, including amounts to meet future medical bills, offset lost income, provide for self-care, and offset the suffering and reduced quality of life. Calculating the fair value of all of these tangible and intangible losses takes considerable effort and time, but it is important to get the calculations right. Once you accept a settlement, you cannot go back and request additional compensation later if it turns out that needs are greater than you anticipated.

Attorneys and insurance representatives will often offer accident victims a settlement right away and pressure them to accept it before they have had a chance to understand the full value of their claim or even talk to an attorney. Insurance companies often insist that there’s no need for an accident victim to work with an attorney because they’ve already been offered funds. 

However, the initial offer is usually much less than the claim is worth. It generally takes considerable negotiation and evidence of liability before an insurance company will offer a settlement that fully compensates the victim for their losses.

Find Out How an Experienced Truck Accident Attorney Can Help You Obtain Maximum Compensation

Because injuries in truck accident cases are often so severe, commercial trucks are generally required to carry much more insurance than passenger vehicles. With more money at stake, insurance companies will send out teams immediately after a truck accident to try to limit their losses. It is important to be prepared and understand how to avoid saying or doing anything that could shift liability onto your shoulders or limit your recovery. At the Law Offices of Benjamin Arsenian, PC, we are ready to fight for maximum compensation on your behalf and to help avoid pitfalls that could prevent you from making a full recovery. For a free consultation to discuss the ways we can help, call us at 714-400-2000 or contact us online now.