Media post: How To Determine Truck Accident Settlement Amounts

There are few things more devastating than being involved in a truck accident. When you are hit by a truck, you are almost certain to experience serious injuries. Many times truck accidents will result in death. In addition to seeking medical attention right away, you will want to contact your insurance company as soon as possible.

As with any personal injury claim, the amount of money that you will receive for a settlement is largely dependent on the amount of the accident-related bills. A truck accident is likely to result in more expensive bills than an accident between cars of equal sizes.

Who was responsible for the accident?

There are two different kinds of insurance rules in the United States; fault and no-fault. In a fault or tort state, the person who caused the accident is responsible for paying its related bills. In a no-fault state, a person’s own insurance company will pay for their accident-related bills no matter who was at fault.

California is a pure comparative fault state. That means each party pays for the percentage of the accident that they caused. If you were 50% responsible for an accident, your insurance company would be 50% responsible for the bills. If you were 90% responsible for an accident, the other party’s insurance company would be responsible for 10% of your bills.

Determining Fault

Determining fault in a truck accident can be a bit trickier than determining fault in any other kind of accident. The accident may have been caused by the driver’s negligence or it may have been caused by faulty equipment for which the trucking company is responsible.

If the driver was drunk or on drugs, they may be considered at fault or the trucking company may be liable because they failed to do a proper background check. If the truck driver was on duty the trucking company’s insurance may be responsible for the bills, but if the driver was off duty they may be responsible for their own bills.

It is possible to get caught up in red tape when you have had such an accident. It is important to hire a personal injury attorney who is well-versed in truck accident law to assist you in filing a claim.  You should take all the appropriate steps after any accident and document everything properly.

What to do at the Scene

Whenever you are involved in an accident you should call the police and wait for them to arrive. Get the names of witnesses and take pictures if you can. Be sure to request a copy of the police report.

You should save every accident-related medical bill that you have as well as the receipts for all prescription and non-prescription medications that you take as a result of the crash. You will also want to get a letter from your employer stating any time you have missed off from work.

Wrongful Death

If you have lost a loved one to a truck accident, you may be able to file a wrongful death suit against the trucker or trucking company. Only members of a person’s immediate family may bring such a suit and you will have two years to file it.

Hiring an Attorney

Choosing a qualified lawyer is very important after an accident. A personal injury attorney can help you determine whose insurance is responsible for paying the bills in a truck accident. They will have plenty of experience in negotiating with insurance companies and they will fight hard to get you the money you deserve.

Grossman Law Offices is staffed with a team that is knowledgeable about California traffic laws and will do all the necessary research to win your case.

A truck accident can be devastating but fair compensation can give you the basic tool kit you need to move forward. 

Authoritative Sources:

https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en