You likely see one or two trucks or semi-trucks as you drive around Los Angeles, CA because they play a big part in transportation. Truck-related accidents are widespread on the roads, even though trucking businesses and truck drivers should abide by state and federal legislation.

You should file a claim as soon as possible after a truck accident, whether you are a biker, pedestrian, cyclist, passenger, or commercial driver, even if you were primarily to blame. Do not let the accident's mounting medical costs and other losses hinder your capacity to advance in life or damage your financial situation because you are entitled to significant compensation under personal injury laws.

To obtain legal representation and advice on your next steps, you should discuss the truck accident that caused your injuries and losses with an experienced injury lawyer.

Factors Considered When Determining Compensation in a Truck Accident

Several elements are considered when assessing compensation for a truck accident in California. All of these elements are crucial if you want to forgo making a payment for a portion of your losses. Among them are:

The Effect of an Accident on Your Life

In a truck accident, compensation is based on direct financial losses and intangible damages incurred due to the collision. Because of this, California civil courts also award non-economic and economic damages in personal injury cases.

The non-economic losses are based on the potential effects of the accident on your life. How much pain did the accident cause you? Suffering may have resulted from many things, such as the physical pain you experienced, the realization of how much money you lost in the accident, or the fear that you would never fully recover from your injuries.

Since the amount of suffering you could have endured due to the accident cannot be quantified, the court looks to your attorney's ability to pursue compensation to determine how much money you should receive overall.

In addition to pain and suffering, the court grants compensation for any potential emotional distress brought on by accident. While receiving treatment, you might have experienced stress or even sadness. Some people can not handle spending a lot of time in the hospital. You may have experienced mental distress due to having to leave young children unattended while you sought medical attention. To have your mental anguish following the accident recognized by the court, an expert attorney knows the best way to describe it.

Property Damage

People also lose valuable assets, and they should be compensated for them. The type and value of the property you lost due to damage in the accident also be important factors in the civil court's decision about your compensation following a truck accident. It might be anything of worth left in the automobile, including your car, motorcycle, bicycle, or other personal belongings. It is advisable to capture the specifics of the damaged property and include them in your claim.

Experts advise collecting photos and videos of the accident area to support your claim. Make sure you do not lose any important information that could support your case. For example, do not wait to start taking images until your car has been pulled away. Let the court observe the extent of the damage at the scene of the accident. Doing this ensures you do not lose the chance to receive payment for any losses you could have suffered.

Your Capacity to Work

Your ability or inability to resume your pre-accident life after the accident is also considered when determining compensation. If your wounds are serious, you might have to take time off work to focus on healing.

You are compensated for the injuries you sustain in the accident if you can return to work immediately. It is possible that you did not lose anything, and your claim resulted in less compensation for damages. Remember that a California civil court only compensates you for losses related to the accident.

Your Current and Future Medical Needs

Due to their size and weight, commercial vehicles always leave a wake of devastation after an accident. You undoubtedly suffer physical injuries if you are in a truck accident. Therefore, receiving medical attention as soon as possible following an accident is advisable.

In a personal injury claim, all medical costs incurred are the at-fault party's responsibility. These should cover any immediate post-accident medical costs, any care you might receive as you pursue compensation, and any anticipated future medical costs.

Accepting a lower settlement has the drawback that it is impossible to know how severe and potentially damaging your injuries are right after the accident. It is best to wait for a thorough medical evaluation before determining how much more therapy you need to receive before making a full recovery.

An experienced lawyer knows the significance of following a medical expert's advice who is familiar with the effects of injuries similar to the ones you have suffered. The medical expert also estimates the time it takes you to recover from your injuries and the approximate expense of any ongoing and future medical care you need.

Additionally, your attorney ensures that you submit a complete claim for total compensation, including all medical expenses. Transport to and from doctor's appointments, surgical services, emergency care, hospitalization, and all drugs you were given while in the hospital are all included in the claim.

You should also add any out-of-pocket medical expenses incurred after the accident. Future medical costs cover, among other things, follow-up care, physical therapy, lab work, testing, and transportation to and from the hospital.

Note that it could be assumed that you did not sustain serious injuries due to the accident if you did not seek medical attention immediately. As a result, the court might reevaluate your claim and only provide restitution or damages if they seem justified. Additionally, if it turns out that you had a pre-existing ailment, your payment might be reduced. Keep in mind that any harm claimed must have resulted from the collision. If not, the putative at-fault party cannot be held accountable.

The Nature of Injuries Incurred

In determining your compensation after a truck accident, California civil courts also consider the nature of your injuries. It implies that the injuries you sustain in a truck accident may be serious and long-lasting. Even if you survived a truck accident, you might have suffered severe injuries from which you might not fully heal for months or even years.

There must have been some minor injuries from the collision that required several days or weeks to heal. It implies that you cannot stay in hospitals for extended periods to receive medical care. Additionally, you might return to work sooner rather than later. As a result, the losses you need compensation for are not as severe as they might have been, having the accident been more serious.

On the other hand, you must have had long-term, maybe life-altering injuries in a serious truck accident. It implies that you need extra compensation to adjust to your life's new adjustments. For example, you would require lifelong care if the accident caused you to lose a limb or become disabled. The compensation you include in your claim depends on these costs deducted from it.

The form of compensation you ask the court for differs depending on whether your loved one was killed in a truck accident or simply suffered physical injuries. Working with an accomplished personal injury lawyer is beneficial. Your attorney ensures you include all your damages in your claim to receive the most money possible.

Proof of Liability

Determining liability is a crucial first step in deciding compensation in a California truck accident. Your attorney's capacity to establish carelessness on the part of the truck driver, truck company, or another party determines your case's strength. You might not be given the compensation you are due without enough proof.

If you are hurt in a truck collision, you hold the truck driver responsible for the accident. Even though they lack the means to do so at the time, those present at the accident scene accuse the driver. The truck driver, the trucking business, or any other party cannot accept responsibility for the accident if there is insufficient proof. You, therefore, have enough time before presenting your argument in court to carry out an investigation.

The court anticipates that you present sufficient evidence to support your arguments. Any suggestions regarding the cause of the accident should be backed up by sufficient evidence, such as the testimony of an expert witness.

To explain to the court what might have taken place to create the accident and how the accident directly connects to your injuries, your attorney may also enlist the assistance of an expert in accident reconstruction. If you are successful, the court awards all of your damages if gross negligence was the cause of the accident.

But you must be on the lookout for any chance that the court might reduce your award, mainly if there is evidence that you contributed to the accident.

Insurance Issues

Significant damages caused by auto accidents may be beyond the average person's means. Because of this, California law mandates that all drivers have adequate auto insurance. Nobody can predict what might occur while driving. Auto insurance coverage may provide financial security if you cause damage to another person's vehicle or harm them in an accident.

All drivers in California are required to have certain types of insurance. For example, commercial truck drivers must have the insurance coverage listed below.

  • $500,000 in bodily injury insurance coverage per person.

  • Insurance coverage for physical harm of $1 million per event.

  • Insurance coverage for property damage of $200,000.

  • The single combined limit is $1.2 million.

The type and maximum limit of the truck driver's insurance coverage determine the amount of your compensation if you were hurt in a truck accident.

In many additional ways, insurance might influence your compensation favorably or unfavorably. You could not be fully compensated for your damages, for example, if the truck driver did not have auto insurance or had insurance that was not sufficient to cover your damages. That is true unless your auto insurance policy covers underinsured or uninsured drivers.

If the accident was partially your fault, your compensation might also be impacted. To calculate the truck driver's percentage of fault, the civil court applies the state's comparative negligence statute.

You have the chance to receive total compensation if there were multiple negligent parties in the truck accident, and each has adequate insurance coverage. Personal injury lawyers with experience comprehend how insurance could affect the result of your case.

Types of Damages You Could Receive After a Truck Accident

You should be aware of how to classify your claims and how the court calculates the amount of compensation. You can arm yourself with sufficient evidence to support your assertions by becoming knowledgeable about the various tactics.

Determining Compensation Claims for Economic Losses

Any quantifiable damages resulting from the truck accident are included in the economic losses. Therefore, for the judge to assess the proper amount to award as compensation, the court expects a claimant to produce precise claims and realistic financial estimations. Economic losses include damages for the following because they entail directly quantified claims:

  1. Funeral Expenses

In worst circumstances, accident victims may die from their injuries following the truck accident, resulting in funeral expenses. If you are the accident victim's survivor, you are legally entitled to compensation for your losses as long as you can prove all the costs associated with the deceased's funeral.

For example, if the victim spent some time in the hospital before passing away, they stay there until the family is prepared for the funeral. Your family might have to pay for some morgue services, which should be listed in your demand submissions.

  1. Loss of Wages

In a serious truck accident, you also risk losing your job due to an injury that prevents you from performing your duties as before. For example, a serious truck accident may result in permanent injuries if your career was founded in the sports industry.

As a result, there is a possibility that you cannot have the chance to resume your career. In the best-case situation, you could choose to engage minimally in your career or defer going back to work until you fully recover.

You are entitled to compensation for the loss of wages because it was unexpected and is based on significant life changes. As a result, your lawyer can assist you in creating a thorough financial report that covers your earnings before the accident.

The judge can determine an acceptable settlement when your attorney submits the documentation to support the estimated losses you sustained due to missing out on pay. Include any additional lost-work benefits to which you were previously entitled.

You are entitled to compensation for the loss of wages because it was unexpected and is based on significant life changes. As a result, your lawyer can assist you in creating a thorough financial report that covers your earnings before the accident.

The judge can determine an acceptable settlement when your attorney submits the documentation to support the estimated losses you sustained due to missing out on pay. Include any additional lost-work benefits to which you were previously entitled.

  1. Medical Expenses

Due to the big impact, truck accidents frequently result in property damage and catastrophic injuries. Serious injuries could include broken bones, fractured skulls, and significant bleeding. Additionally, these injuries may result in complications down the road that cost you a lot in medical expenses.

Therefore, you must figure out the total amounts to mention in your claim while requesting compensation. You must present the judge with precise figures and the original receipts for the medical procedure charges to support your claims. The medical bills might prove your claims as long as you receive care for any conditions brought on by the truck accident. The medical costs also cover things like prescription drugs, imaging services at the hospital, in-patient care, and blood testing.

Given that the amount you need under medical expenditures may be substantial, you should also offer enough support for your expectations. Your lawyer, therefore, advises you to present all of your medical bills and receipts, preferably in their original form. Submitting genuine documents, which increase credibility, is undoubtedly more advantageous than supplying copies.

Determining Compensation Claims for Non-Economic Losses

Non-economic losses, however, are difficult to quantify. Even so, they are still good arguments to make in court to be compensated for the truck collision. Most non-economic losses are based on the victim's quality of life declining, which calls for compensation.

Since it is more challenging to demonstrate the cause of non-economic losses, your lawyer must correctly state your claims and support them with appropriate evidence. Some of the requests for the court's decision include:

  1. Pain and Suffering

Pain and suffering must be taken into account when calculating your compensation. Truck accident victims are familiar with this non-economic injury. However, some do not receive the maximum compensation due to insufficient evidence. Your payment for these losses depends on how bad your injuries were. Higher compensation is warranted for more severe truck accident injuries since they cause more physical and emotional suffering.

However, you must record your suffering to benefit as much as possible from these damages. You should record your feelings and describe your daily physical agony while recovering. To show the jury and the at-fault party's insurer how the accident has affected you, list the tasks or activities in which your injuries prevent you from engaging.

  1. Loss of Consortium

Your life may alter if you lose a loved one in a deadly vehicle accident since you cannot enjoy the same advantages you did previously. Therefore, a claim for the loss of consortium centers on the benefits you enjoyed while the deceased was still alive, which made life simpler.

If the deceased were your husband, common grounds for the claim would be loss of companionship, conjugal rights, and affection. The loss of parental love and care due to death can make life more challenging for your children.

The court employs valid common law principles, judicial precedent, and evidential analysis to determine a justifiable compensation amount. As a result, your attorney should create compelling arguments that outline your position and support the amount you ask.

Find a Personal Injury Attorney Near Me

Truck accidents can result in severe injuries that can be expensive to cure. The injuries could substantially impact your health and capacity to lead a regular life. Fortunately, you can sue the parties responsible for your damages to pursue and obtain compensation for them.

At The LA Personal Injury Law Firm, we assist victims of truck accidents in Los Angeles in obtaining just compensation for injuries and losses they incur. Our competent attorneys provide crucial legal advice to manage your claim and obtain compensation. Call us at 310-935-0089 to discuss the specifics of your claim.