How Do Commercial Truck Accident Claims Work?

By Greg Kohn
Partner

Every year, hundreds of accidents occur in California involving commercial trucks, semi-trucks, and big rigs. These accidents often involve severe injuries and fatalities, and determining who is at fault is not always easy.  

If you have been injured in a commercial truck accident, the first thing to do after seeking medical attention is to consult a California commercial truck accident attorney. Your accident attorney will protect your right to file a claim and get you the compensation you need to move forward. 

Why You Need a California Commercial Truck Accident Attorney

An experienced commercial truck accident attorney will take the necessary steps to investigate the accident, determine who was at fault in the crash, and advise you regarding the viability of a claim. 

If you have a viable claim, your lawyer will work diligently to win a fair and comprehensive settlement or trial award in your interest.  

Who is at Fault in a Truck Crash?

Determining fault in crashes that involve semi-trucks and commercial drivers isn’t as easy as with car accidents. There may be several factors and multiple parties which contributed to the accident.

  • Is the truck driver at fault?
  • Is the trucking company at fault?
  • Is the company that loaded the truck cargo at fault?
  • Is the manufacturer of failed truck parts at fault? 

These questions will be answered through your injury lawyer’s detailed investigation of the accident, including analysis of witness statements, police reports, trucking logs, shipping companies, truck maintenance records, and truck manufacturer specs, among other items.

Will the Truck Driver’s Insurance Company Pay Damages? 

Insurers of truck companies will want to settle any claims as quickly and for as little money as possible. Insurance companies may reach out to you early after the crash for a statement, which may be used against you later to reject your claim. Or, they may offer to settle your claim quickly, but for much less than you deserve.  

You must rely on your CA truck crash lawyer to represent your interests and speak on your behalf.  Insurance companies are less concerned about your welfare and a fair settlement than they are about protecting their bottom dollar. 

After a thorough investigation is completed, it may be determined that multiple parties are at fault in the truck.  If that is the case, there may be multiple insurance companies to pursue for damages. 

Your truck accident attorney is skilled in dealing with the trucking industry’s insurance companies and will be able to navigate the terms of a settlement better than you can on your own. 

What is My Commercial Truck Injury Worth?

Your lawyer will consider several factors when calculating damages for your injury accident:

  • the extent of your injuries and your projected recovery
  • medical expenses related to the injury and ongoing treatment
  • lost wages and income-earning potential
  • the at-fault defense of the opposing party
  • compensation for lifestyle adjustments related to your injuries
  • insurance coverage applied to your claim

After you and your attorney have agreed on damages, your attorney will fight to get you the highest award possible to aid in your physical, mental, and financial recovery. 

Your attorney will attempt to settle your case outside of lengthy and costly litigation when at all possible, but not at your expense. 

Reach Out to a CA Commercial Accident Attorney Today

Commercial trucking is a big industry with a lot of powerful insurance companies behind them. Make sure you have someone in your corner, advocating for your best interests and maximum financial compensation. 

Call our office today and partner with an experienced CA commercial accident attorney who will fight to win the money you deserve. 

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.