Updated January 7, 2023
Los Angeles Lawyer for Truck Accident Injury Claims
An ordinary car accident lawyer will almost always leave money on the table when trying to help you with a commercial truck accident claim. To recover your full settlement for a commercial truck accident, your lawyer must be familiar with local and federal regulations and databases from which liability evidence can be collected.
At Injury Advocates Group, we have this experience. In the past few years alone, our lawyers favorably settled commercial truck accident cases for clients for $1,000,000, $1,500,000, $700,000, and $500,000. More of our verdicts and settlements are available for your review.
If your commercial truck injury involves a tow truck, garbage truck, armored truck, construction truck, or box truck, click the links in this sentence to take you to settlement and strategy articles dedicated to analyzing each specific type of truck accident.
If your truck accident was with a tractor trailer truck, also referred to as a big rig truck or semi truck, that article is below. Scroll down to our hyperlinked table of contents and enjoy our free research article, and learning about:
Table of Contents
2. Tractor Trailer Driver On Drugs Caused My Accident
How Frequently Do Tractor Trailer Drivers Take Drugs?
Will I automatically Win My Case if Truck Driver was on Drugs?
How to Maximize Recovery When Tractor Trailer Driver on Drugs
How Frequently Do Tractor Trailer’s Crash Due to Speed?
What is the Stopping Distance for a Tractor-Trailer?
What is Perception Reaction Time for Tractor Trailer Drivers?
What is Brake Lag for Tractor Trailers?
Third Leading Cause of Tractor Trailer Accidents is Fatigue
Tractor Trailer Drivers’ Compensation Motivates Dangerous Driving
Federal Laws Limit Driving Hours for Tractor Trailer Drivers
Tractor Trailer Hours Log Looks Kosher, Was the Driver Fatigued?
Who is Responsible for Tractor Trailer Maintenance Issues?
Who to Sue if Tractor Trailer’s Maintenance Caused My Accident?
Will Case Take Longer if Truck Accident Was Caused by Maintenance Issue?
Should I Sue The Tractor Trailer Company?
Should I Sue the Tractor Trailer Driver?
What is a Tractor Trailer Black Box?
What Does a Tractor Trailer’s Black Box Record?
Is a Tractor Trailer’s Black Box Data Saved Indefinitely?
Factors that Determine Your Settlement Amount
Average 18 Wheeler Accident Case Worth
How Much Insurance Do Tractor Trailers Have?
Recovery Limits if Tractor Trailer Owned by Large Company
Can I Get More than the Insurance Limits in a Trucking Accident?
9. Free Consultation by Our Los Angeles Trucking Lawyers
What are Main Causes of Tractor Trailer
& 18 Wheeler’s Accidents in California?
The three leading causes of tractor trailer and 18 wheeler semi-truck accidents around the country, including in Los Angeles and California statewide, are the truck driver’s consumption of drugs, the tractor trailer going too fast, and truck driver fatigue. These are outlined and discussed below.
This is not purely for informational purposes, but to illustrate the different legal challenges related to proving liability for each different accident cause.
Depending on which of these three acts of negligence caused your 18 wheeler accident to happen, a different set of experts, expertise, and case strategies are necessary to properly develop the case for a successful mediation and, if necessary, trial.
Just as important, your truck accident lawyer can help build a case strong enough the insurance company will not want to go to trial. They will be compelled to make a meaningful settlement offer to resolve your insurance claim, allowing you a fair recovery without the stress and headache of a trial.
Tractor Trailer Driver On Drugs Caused My Accident
How Frequently Do Tractor Trailer Drivers Take Drugs?
54% of all semi-truck accidents are caused by the truck driver taking drugs. These break down to:
- 26% for prescription medications
- 17% for non-prescription medications
- 8% for alcohol
- 3% for illegal drugs
Depending on your case, a toxicological expert may be necessary to testify on complex medical and pharmacological issues such as induction phases in taking drugs, as well as absorption and eliminate rates.
The Injury Advocates Group legal team has worked with pharmacology experts. We keep a copy of the AHFS Drug Information handbook in our library to ensure we are prepared to analyze complex medicinal issues that arise in accident cases involving drugs, such as tractor trailer drivers using amphetamines to push an 18 hour driving run.
Will I automatically Win My Case if Truck Driver was on Drugs?
No, you will not automatically win a settlement or lawsuit if the truck driver was on drugs and that caused the crash.
If a tractor trailer caused an accident that injured you, you have some practical hurdles to overcome even if the truck driver was on drugs.
These include, for example, sympathy that the truck driver may obtain for being an overworked father trying to support a family, being on the road away from that family for long stretches of time, and those facts causing the truck driver to take drugs due to depression or a need to push himself to the limit to make ends meet for his or her family.
We emphasize for clients that what may appear to be an easy case is not necessarily so because there are many facts which impact the value of a case which extend beyond your injuries and medical bills.
Not all trucking lawyers appreciate this. It is important for an experienced lawyer who knows how to issue spot strengths and weaknesses in a tractor trailer case to review your entire file and inform you as to the likely range of what your case is worth, and the risks and benefits of settling at different stages of your case or pursuing a verdict at trial.
How to Maximize Recovery When Tractor Trailer Driver on Drugs
Tractor trailer drivers take drugs to battle depression, but also to stay awake. Whether the truck driver took amphetamine or cocaine to stay awake could have an impact on how much your case is worth.
Regardless of which drug the truck driver took in your case, these drugs cause changes in perception and reaction times, lack of focus, and vertigo, which could have caused your semi-truck accident.
Depending on how widespread this practice was within the trucking company involved in your case, your case could be worth substantially more or less. For all our tractor trailer accidents, we investigate the drug use and drug citations given to the company as a whole to find patterns of dangerous conduct because we know these findings result in higher recoveries for our tractor trailer accident clients.
Moreover, our Los Angeles truck accident attorneys use specialized experts to illustrate for the jury, insurance adjuster, defense lawyer, and mediator how the drugs at issue caused the accident to happen.
When necessary, our lawyers have retained experts in multiple fields of qualifications on a single case to ensure we eliminate all of the excuses the insurance company may use to justify how their insured truck driver was not at fault, or how something you did also contributed to the accident and therefore justifies a reduction in your settlement.
This is the type of creative litigation and case strategy that our commercial trucking attorneys bring to the table for our truck accident clients. We encourage you to call our law office and find out more about how we can help maximize your tractor trailer accident recovery and settlement.
Tractor Trailer Driver Going Too Fast Caused My Accident in Los Angeles
How Frequently Do Tractor Trailer’s Crash Due to Speed?
23% of all 18 wheeler accidents are caused by the truck driver going too fast. The speed in and of itself is not the problem. Speed causes more accidents with tractor trailers due to how that speed interplays with other factors discussed below.
What is the Stopping Distance for a Tractor-Trailer?
The bottom line is tractor trailers need more time and distance to stop than smaller vehicles like cars, SUVs, or pickup trucks.
A typical tractor trailer can weigh up to 80,000 pounds. The stopping distance for a tractor trailer of this weight is 525 feet. This assumes that the tractor trailer is traveling 65 miles per hour, there is no inclement weather, and the road is not significantly downhill.
What is Perception Reaction Time for Tractor Trailer Drivers?
Our lawyers have worked with experts on perception reaction times and know how to use this area of human factors engineering and science to benefit our tractor trailer accident clients. Perception reaction time in these cases refers to the time it takes a tractor trailer driver to see the need to brake and then press the brakes.
Depending on which expert you ask, and a host of accident specific variables, the most common range of perception reaction times are between 1.5 seconds and 5 seconds. That means it could be up to 5 seconds before a tractor trailer driver sees your car and realizes the trucks brakes should be pressed.
During the perception reaction time, there is no deceleration or stopping taking place. The 1.5-5 seconds of travel distance must be added to the tractor trailer’s stopping distance to calculate how far back the truck should have been following to, for example, avoid rear-ending a car in front of it.
This means the tractor-trailer could travel hundreds of feet before the truck driver even presses the brakes. We have used this information and creative cross examination to impeach a driver and prove that he did not press the brakes before an accident as was claimed, which was devastating for the defendant and resulted in a favorable resolution for our client.
What is Brake Lag for Tractor Trailers?
Tractor trailers and 18 wheelers have different brakes than typical vehicles.
These large trucks have air brakes which have a lag time before they begin slowing down the tractor trailer, which is called brake lag. Once the tractor trailer driver presses the brakes, depending on the specific brakes, their upkeep, and maintenance, a certain amount of time will elapse.
At 55 mph in normal conditions, this could add an additional 30-50 feet that the tractor trailer continues moving forward before it comes to a full stop.
Those could be the final 50 feet that seriously injure or kill an innocent driver. For this reason, your lawyer must meticulously investigate the condition of all braking systems in the defendant’s truck for your tractor trailer accident.
Tractor Trailer Driver Driving Without Resting
Caused My Accident in Los Angeles
Third Leading Cause of Tractor Trailer Accidents is Fatigue
13% of all 18 tractor trailer accidents are caused by driver fatigue, which means the truck driver was driving for too long without a break or proper rest.
This is caused by the dynamic of how tractor trailer drivers are paid, discussed below, and the improper motive it gives them to break the rules of safe driving to increase their income.
Tractor Trailer Drivers’ Compensation Motivates Dangerous Driving
Although some truck drivers are paid hourly or contractually by job, most tractor trailer drivers are paid by mile.
Traveling a mile takes a certain amount of time. Consequently, to earn more money, a tractor trailer driver must drive more miles, which means more time on the road, and results in more fatigued drivers sharing the road with you in 80,000 pound moving rockets.
It’s a recipe for disaster, and is an area that should be explored by your lawyer in every tractor trailer accident.
Federal Laws Limit Driving Hours for Tractor Trailer Drivers
The Federal Motor Carrier Safety Administration outlines 3 rules that, if followed, help limit or prevent tired tractor trailer drivers from being on the road. They are as follows
1. First, a tractor trailer driver is limited to driving for a period of no more than 11 hours during a 14 hour consecutive stretch. This period can only follow after the truck driver has been off duty for at least 10 hours.
2. Second, during the 11 hour period noted in the first rule above, the tractor trailer driver cannot drive for more than 8 hours straight from the time the truck driver last had an off duty or sleep period.
3. Third, depending on whether the tractor trailer company operates 7 days a week, its drivers will be limited to either 60 or 70 hours of driving during a specifically calculated 7-8 day period.
There are many exceptions and caveats to these rules.
A lawyer need to evaluate the specific facts and circumstances of your case to determine what rules were violated, and how strong of a case you have against the tractor trailer company and truck driver.
Even when it looks like these rules were followed, that may not be true. It is also not uncommon for a truck driver to cook the books by creating fake logs, which is discussed below.
Tractor Trailer Hours Log Looks Kosher, Was the Driver Fatigued?
Even if the tractor trailer driver’s hours of driving log shows the driver followed the limits on driving, that doesn’t prove the driver was not fatigued.
For example, sometimes the drivers manipulate the driver logs. A writing expert could help prove that all of the times were written down at once, showing that the recorded hours do not represent contemporaneous notes of actual driving times.
As another example, one truck driver could drive the full 11 hours and not be fatigued, but another driver could be fatigued after driving only 8 hours. The point on this issue of investigation is, the rules set the floor, the minimum requirement of safety, but do not represent what is the appropriate standard under a particular factual scenario.
If a lawyer sees satisfactory time logs and throws in the towel, you need to hire a new lawyer. Our commercial trucking attorneys know better, and know falsified logs are a real issue. We investigate each accident on its merits to find out what happened that caused your accident.
Some lawyers will give up on proving the truck driver was fatigued just because a tractor trailer driver stayed within the 11 hour mark. We do not end our investigation there. Perhaps gas station surveillance footage from the truck’s last stop shows the driver downing 4 Red Bulls, or walking like a zombie. We will leave no stone unturned in our fight to bring justice to you and your family for a tractor trailer accident. Contact us for more information.
Tractor Trailer Malfunction Accidents
Tractor trailers are frequently given citations for defective maintenance and deteriorating mechanical components. The federal government keeps data on these maintenance issues which it identifies during inspections which occur during weigh station stops, audits, and post-accident investigations.
These are complex cases, as discussed below, which need lawyer intervention to realize their full settlement and verdict value.
Who is Responsible for Tractor Trailer Maintenance Issues?
If a tractor trailer caused an accident due to the 18 wheeler having a maintenance issue, the responsible parties could include:
- The tractor trailer driver
- The tractor trailer owner
- The tractor trailer company
- The tractor trailer company supervisors
- The tractor trailer company training staff
- The mechanic who last serviced the tractor trailer
- The manufacturer of the tractor or the trailer
- The manufacturer of any component part that malfunctioned
Although these are all parties that may be sued in a tractor trailer accident case, it is not always a good strategic idea to sue every possible defendant.
The reasons why are complicated, but boil down to insurance coverage, likely adversaries and potential defense counsel, jurisdiction and forum selections, and vulnerability of certain corporate claims against entity defendants.
Who to Sue if Tractor Trailer’s Maintenance Caused My Accident?
In an abundance of caution, if a known or identified vehicle malfunction was the cause of your tractor trailer accident, all of the people and companies who did maintenance and repair work on the truck in the immediate months before the accident will be identified as potential defendants and sued, depending on the pending filing deadlines and what information can be gathered about available insurance coverage and liability before that deadline expires.
Pre-lawsuit investigation in these cases is imperative. The truck’s black box data will be analyzed to determine concretely what happened and what the truck driver did, and did not, do.
Combined with accident reconstruction analysis, there is often ample evidence, if secured and preserved immediately after the accident, to determine what happened and who was negligent.
Timing is of the essence with negligent maintenance tractor trailer claims. You must contact an attorney immediately before necessary evidence disappears. This can include rubber marks on the road which our investigators have discovered in cases that even police photographers overlooked after reporting to an accident scene.
Will Case Take Longer if Truck Accident Was Caused by Maintenance Issue?
Yes, if you were in a tractor trailer accident that was caused by a maintenance issue, your case will usually take much longer to resolve.
A simple rear-end accident because the tractor trailer driver was going too fast is not very defensible. In contrast, a maintenance issue, in the eyes of the trucking company and their corporate lawyers, provides more opportunities for some of the defendants to point the finger at others, and vice versa.
Even if the finger pointing results in every defendant accepting that their conduct contributed to the 18 wheeler accident happening, the defendants and responsible parties and insurance companies will then argue with each other about how much money they should each contribute to resolve the case.
With potentially 3-5 separate defendants and insurance companies involved in the negotiations, these settlements drag out, often requiring multiple mediation sessions and rounds of negotiations before a result can be obtained. We handled one such case, and it required multiple layers of negotiations before each defendant chipped in a sufficient amount to settle the case.
Generally, these cases result in the filing of a lawsuit and some preliminary discovery. Once your lawyer demonstrates through early depositions that the defendants’ positions are vulnerable, they come to the table with more reasonable offers that are favorable to you.
Often times the trucking company wants to see if the plaintiff’s lawyer is familiar with litigating a trucking case. If the plaintiff’s lawyer is unfamiliar with this area of the law, that will reveal itself early in the discovery process and encourage the defense law firm and trucking company to drag out the litigation.
Should I Sue The Tractor Trailer Company?
If the evidence supports it in your case, yes, you should sue the tractor trailer company and not just the truck driver. Whether and how you can do so depends on the laws in your state, and strategic risks or agreements that can be negotiated with the truck companies corporate lawyers.
There are some laws in some states that allow the trucking company to wiggle out of direct claims against them if they position the case in certain ways. These are traps for an unwary plaintiff’s lawyer unfamiliar with tractor trailer litigation.
The claims and counts you may allege in circumstances where it is beneficial to sue the trucking company directly are usually:
- Negligent hiring
- Negligent training
- Negligent supervision
- Negligent retention
- Negligent entrustment
- Punitive damages for encouraging tractor trailer drivers to (a) Violate limit on hours driving, (b) Overload trailers (c) Planning routes to avoid weigh stations, thereby unnecessarily driving in community neighborhoods
Should I Sue the Tractor Trailer Driver?
There are times when it is strategically beneficial to not sue the tractor trailer driver.
In the past, we have made strategic decisions to either not sue the commercial vehicle driver or to dismiss the lawsuit against that driver and only sue the commercial vehicle company. We did this recently and it helped us resolve the case within weeks of that agreement in a case where our client wanted an immediate settlement.
This is not a cookie cutter strategy and requires careful planning. It allows you to make the tractor trailer company the target of more focused litigation pressure and discovery. When you do not sue the driver, you instead sue and focus on the tractor trailer company and corporate personnel such as supervisors, trainers, and officers in charge of safety policies and procedures.
Will Tractor Trailer’s Black Box Prove My Case?
What is a Tractor Trailer Black Box?
For roughly the past thirty years, most tractor trailers have been equipped with a black box that records their data. The technical term for these black boxes are event data recorders (“EDR”) or electronic control modules (“EDM”).
In some instances, the information from the EDR or EDM is transmitted via satellite to a central hub where the data is recorded for each individual truck and tractor trailer driver.
To ensure the trucking companies don’t hide the truth of what happened to you, we have carefully crafted discovery questions, both written and deposition outlines, to help us flush out the location and contents of this evidence.
What Does a Tractor Trailer’s Black Box Record?
Generally, depending on the tractor in question, the black box may contain information that will help prove your case in an objective non-argumentative way, including:
- Location of the truck when it made impact with a fixed object
- Acceleration and deceleration of the truck
- Number and frequency of hard stops
- Number and frequency of braking incidents
- The truck’s speed in the 30 seconds before the accident
- The truck’s speed at impact during the accident
- When the truck was last idle and for how long
- Whether the cruise control was activated and for how long
- Tire pressure
- Reports on the truck’s usage in the days or weeks before the accident
Is a Tractor Trailer’s Black Box Data Saved Indefinitely?
No, a tractor trailer’s black box data, known as its EDR or EDM data, is not always saved indefinitely. The information could, depending on the specific recorder, be written over automatically after a certain period of time, possibly less than 30 days.
After every tractor trailer accident that causes serious injuries, you must immediately hire a trucking expert to examine the tractor’s black box / EDR / EDM data. This must be arranged and scheduled with the tractor trailer company’s corporate lawyers.
Sometimes the tractor trailer company refuses to allow this investigation before a lawsuit is filed. To address this issue, a carefully crafted letter must be sent to the trucking company after a crash telling them to preserve the truck and its black box without any edits.
If the defendant company fails to do so, you can get the judge to read instructions to the jury at trial that says the defendant company intentionally destroyed important evidence.
What is My Los Angeles Tractor Trailer Accident Worth?
Factors that Determine Your Settlement Amount
Determining your settlement value is a process that considers your physical damages, the medical care you need after the accident, the lost wages you may incur and your pain and suffering as well.
Many considerations will be made in order to better understand what amount is fair for your injuries. Some of these are listed below.
Who Was at Fault?
An important question in your case will be who has liability in the accident? Determining who was at fault, if anyone of the parties was reckless or if there was an egregious decision made that caused the accident will have a large impact on your settlement value.
For example, if you are found to be partly to blame, then you will not be entitled to 100% recovery for all of your damages.
Most states have a comparative negligence rule which means that even if you were partly at fault, you can still recover for damages, although it may be reduced. This is why it is vital that all the evidence that can be collected is collected to make your case stronger.
Extent and Severity of Your Injuries
How badly you were hurt in the accident and the impact it has had on your life will have a major impact on the total value of your settlement.
More serious injuries and ones with more extensive medical treatment and symptoms that are lifelong and cannot be addressed with surgery or medical attention are worth more. Surgeries that result in normal healing with a more or less return your baseline health pre-accident will be worth less.
Medical Costs You Incurred
The documentation of your injuries and concerns are also important because in your settlement you can recover for all your medical expenses. The costs for all doctors visits, medications, physical therapy or surgeries can be reimbursed to you through your settlement.
Non-Medical Costs
Not all of your injuries will have a medical aspect to it. You will incur emotional trauma and mental anguish. This can cause you to miss work, lose wages and have your life quality affected in major ways.
This pain and suffering is calculated and considered in your settlement. We wrote a page dedicated to explaining calculation of case worth, and encourage you to read it to brush up on that settlement issue.
Average 18 Wheeler Accident Case Worth
The average value of a tractor trailer accident is around $400,000 for non-fatal cases. A recent $50,000,000+ verdict in a non-fatal tractor trailer accident illustrates how serious the injuries caused by tractor trailers are, and how much these cases are worth. That verdict also illustrates that the $400,000 average includes big numbers that pull the average up and conceal the sub-$400,000 cases that are part of that average.
In fatal cases, the average tractor trailer accident case is worth more than $1,000,000. In these cases, it is incredibly important to hire a savvy lawyer who will turn over every stone in search of a source of recovery for you and your family. This is because apparently limited insurance limits, discussed below, may restrict your recovery.
As further examples of how much the value of these cases can vary, IAG lawyers have settled a tractor trailer accident for $15,000 for soft-tissue injuries with a fast recovery and also $700,000 that resulted in a driver being killed.
How Much Insurance Do Tractor Trailers Have?
Tractor trailers are substantially more dangerous than smaller vehicles. Appreciating this, they are required to have substantially larger minimum policies to protect the people they may, and do, hurt every day in the United States.
Basic Insurance Limits for Tractor Trailers
These are the insurance limits and structures for tractor trailers:
- If a tractor trailer’s total weight is less than 10,001 pounds, it is only required to have $300,000 of liability insurance
- If a tractor trailer’s total weight is more than 10,000 pounds, it is only required to have $750,000 of liability insurance
- If a tractor trailer is transporting oil, it is required to have $1,000,000 of liability insurance
- If a tractor trailer is transporting hazardous materials, it is required to have $5,000,000 of liability insurance
Insurance Limits for Small Tractor Trailer Companies
For many small tractor trailer companies, fly by night companies, and family or individually run owner operator business, the above insurance limits will represent all the money there is for your tractor trailer accident and injuries.
We have litigated cases against these companies, and they often will disappear after a catastrophic accident and sell off their few trucks and then reorganize their operations under a different name. This is something that should be investigated in every tractor trailer accident against smaller operators.
Recovery Limits if Tractor Trailer Owned by Large Company
If the tractor trailer involved in your accident was owned or operated by a profitable or large company, such as Walmart, then the insurance limits may not limit your recovery.
This is because large, profitable companies will have personal assets sufficient to satisfy any judgment brought against them. This is often unnecessary, however, because these companies will typically have large umbrella insurance policies of $5,000,000 to $25,000,000 to protect them in the event of a serious truck accident.
In addition to their available assets, these companies do not want the negative publicity of a public trial, judgment or verdict against them. This is proven by their history in asking for early settlements and mediations, and in their aggressive fights to get protective orders in their cases to keep private all the dirt that is discovered about their inadequate trucking operations.
Can I Get More than the Insurance Limits in a Trucking Accident?
Yes, there are at least three ways to get more money for your trucking accident case than is available through the tractor trailer companies insurance limits.
First. One of them was discussed above, by collecting directly from the tractor trailer owner if it is a large or profitable company.
Second. Another way to obtain a recovery beyond the available policy limits is through a bad faith lawsuit directly against the insurance company. This is more complicated and requires careful planning by an attorney familiar with setting up and litigating a bad faith claim.
To realize this option, your case must be taken to verdict with a result in excess of the tractor trailer company’s available insurance policy limits.
Third. The third option is to pursue a case against additional third-party’s who may have been negligent in allowing the accident to happen. One such target is the trucking broker who sought out and retained the trucking company for the shipper of the goods being transported when the accident happened.
This is a very nuanced area of trucking litigation that the every day accident lawyer is not familiar with. A semi truck accident lawyer will know what to look for, and where to look for it, to find additional culpable parties and, more importantly, additional insurance to pay for your injuries.
Truck Accident Q&A
I was in a truck accident, what should I do?
You should immediately seek medical attention and you should also contact an attorney who can represent you in your case to make sure you are compensated for your injuries and pain and suffering. Whatever you do, do NOT speak with any claims adjusters before speaking with an attorney.
What kinds of injuries can I get from a truck accident?
Many injuries can come from such an accident, including lacerations abrasions, contusions and more. Catastrophic injuries and death are fairly common in these accidents. Very rarely, but occasionally, tractor trailer accidents occur which result in only soft tissue injuries.
How much can I get for my truck injury settlement?
Truck injury settlement cases can range vastly and start from $60,000 up into the millions depending on the specifics of your case. Average figures can be collected (as shared above), but case specific values are impossible to determine without a review of the detailed facts of your truck accident.
Are there differences in truck settlement case types?
Yes. The kind of truck you were involved with an accident with, as well as the details of the driver of the truck can all be a part of what affects a settlement. Truck settlements against a trucking company are generally higher than truck settlements against just the truck driver.
Will it take long to settle my truck injury case?
Some cases with minimal damages involved can be settled in as little as 6 months. Other cases that involve more parties or have more serious injuries can, and almost always do, take much longer. The fairest estimate for a truck accident is that it will take more than two years to settle your case. If it was a death case with clear liability, then a settlement in under a year is likely. The insurance company will still want to investigate these claims, and sometimes will not settle until it receives and reviews the results of any government investigation, which can take months to complete.
Does the weather on the day of the accident affect the settlement?
Yes, it is possible to show that the driver should have been more cautious on the day of the accident if there was inclement weather conditions such as icy roads, heavy rain, for or other weather difficulties. If the truck driver was not driving safely in bad weather, that can increase your settlement amount.
My car was hit by a load that fell of a truck and caused me to have an accident, who can I hold liable?
When a load falls of a truck it means that it was most likely not secured correctly. In that case, it is possible to get settlement recovery from either the driver or the owner of the truck and also the company responsible for loading the truck.
Will my semi-truck accident have to go to trial?
Your semi-truck accident case will not necessarily go to trial. Most personal injury cases are resolved out of court, so the chances that yours will go to an actual trial are low. However, this will depend 100% on how aggressive you decide to be in negotiations. This is something you should speak about with your lawyer early on.
Truck Accident Lawyer Los Angeles Offering Free Consultations
If you were involved in an accident with a tractor trailer in Los Angeles, California, or elsewhere, call us for immediate assistance.
There are urgent steps that must be taken to preserve evidence in your case that, if not done, can compromise the value of your settlement.
The Injury Advocates Group legal team has handled these cases, including back injury and surgery, and neck injury cases, and other serious injury cases, including wrongful death, resulting from big-rig accidents.
We are on standby 24/7 to help you bring the truck driver and tractor trailer company to justice. Call, email, or message us using the contact form below for your free consultation with our lawyers.
Supporting Citations, Literature & Resources:
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Duke, J., Guest, M., & Boggess, M. (2010). Age-related safety in professional heavy vehicle drivers: A literature review. Accident Analysis & Prevention, 42(2), 364-371.
Stroganov, Y. N., Stroganova, O. Y., & Ognev, O. G. (2019, October). Improving design safety of tractor-trailers by upgrading towing couplers. In IOP Conference Series: Materials Science and Engineering (Vol. 632, No. 1, p. 012028). IOP Publishing.
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About the Author
Article Author: This law article was written by attorney Ray Benyamin, Esquire. Mr. Benyamin received his Juris Doctor degree from the Thomas Jefferson School of Law, and his license to practice law from the State Bar of California. His law license number is 277263. He has been practicing law for 10 years. Mr. Benyamin is a registered member of the following legal organizations: Consumer Attorneys Association of Los Angeles (CAALA), the Los Angeles County Bar Association (LACBA), the State Bar of California, the American Bar Association (ABA), and the American Association for Justice (AAJ). Mr. Benyamin has personally helped his clients recover over $10,000,000 in vehicle accident insurance claims in the State of California.
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