4 Key Factors That Affect Truck Accident Claims

Truck accidents devastatingly lead to severe injuries, property damage, and even fatalities. Furthermore, pursuing compensation after such an accident can be highly complex because multiple factors come into play when determining liability, damages, and settlement outcomes. Besides its scenic coastal cities, Orange County boasts bustling freeways and major commercial hubs. With busy highways such as Interstate 5, Interstate 405, and State Route 91, the region experiences heavy truck traffic that risks serious accidents. Whether in Anaheim, Santa Ana, Irvine, or Huntington Beach, truck collisions can occur anywhere, often leading to life-altering consequences for victims. Therefore, given the complexity of truck accident claims in California, working with an Orange County truck accident lawyer can significantly improve your chances of securing fair compensation. Truck accident claims are affected by:

• Determining Liability

One of the most critical factors in any truck accident claim is determining who is responsible for the accident. Unlike standard car accidents, liability in truck crashes is not always straightforward, as multiple parties could be at fault.

• The truck driver: If they were speeding, distracted, fatigued, or under the influence, they could be held responsible for the eventuality of the accident.
• The trucking company: If a company fails to maintain its vehicles in good condition, pushes drivers to violate hours-of-service regulations, or ignores safety protocols, it may share the blame.
• The cargo loader: The person responsible for loading the truck could be liable when unsecured cargo contributes to the crash.
• The manufacturer: The manufacturer might be responsible if a mechanical failure, like faulty brakes, caused the accident.

Therefore, establishing liability requires solid evidence, including accident reports, witness statements, and expert analysis. The stronger the evidence, the better your chances of proving fault and securing deserved compensation.

• The Severity of Your Injuries

Truck accidents often lead to severe injuries due to the size and weight of trucks. The extent of your injuries significantly affects how much compensation you can recover.  Common injuries that result from truck accidents include:

• Traumatic brain injuries (TBIs)
• Spinal cord damage
• Broken bones
• Internal bleeding
• Severe burns and lacerations

The more serious your injuries, the higher your medical expenses, lost wages, and pain and suffering. As such, insurance companies will interrogate medical records before making any settlement decisions. So, seeking immediate medical attention and following all treatment plans is essential. Therefore, it is critical to maintain detailed records of doctor visits, surgeries, therapy, and prescriptions to strengthen your case.

• Insurance Coverage and Policy Limits

Trucking companies are required to carry high-limit insurance policies. However, dealing with trucking insurance companies is no easy task. They often have aggressive legal teams trying to minimize payouts or shift blame onto you. This is why having a skilled truck accident lawyer is essential. They can negotiate with insurers, present compelling evidence, and ensure you receive the maximum compensation.

• California’s Comparative Negligence Law

California follows a pure comparative negligence system, meaning you can still recover compensation even if you were partially at fault. However, your payout will be reduced by the percentage of fault you have.

For example, if your total damages amount to $100,000 but you are 20% responsible for the accident, your final compensation would be reduced to $80,000. This makes it crucial to have strong legal representation to counter any attempts to assign you more blame than you are responsible for.

Conclusion

Truck accident claims are complex, but understanding these four key factors, including liability, injury severity, insurance coverage, and California’s negligence laws, can help you better navigate the process. If you have been involved in a truck accident in Orange County, you do not have to face the legal battle alone. Contact an experienced truck accident lawyer who can fight for your rights and ensure you receive the compensation you need to move forward.