The aftermath of a truck accident can be overwhelming.
Victims often face severe injuries, emotional trauma, and financial strain.
Understanding the average truck accident settlement in California can help determine whether legal action is worth pursuing.
At Gonzalez & Jones, APC, our experienced Hollister truck accident lawyers aim to provide clarity and support to those affected by such accidents.
For a free consultation, please call (408) 848-2208 or send us an online message today.
Trucking Industry in California and Hollister
California’s trucking industry is a significant part of the state’s economy. The state sees a high volume of commercial truck traffic with major highways such as I-5, I-10, and US-101. Hollister, nestled in San Benito County, is no exception. As a key agricultural hub, it frequently experiences truck traffic transporting goods to and from various destinations.
Unfortunately, this also means a higher risk of truck-related accidents. In 2022, according to the National Safety Council, California had the second-highest number of truck accident-related fatalities in the nation, with 436. Across the United States, in 2022, 120,200 large trucks were involved in crashes resulting in an injury.
Understanding Truck Accident Settlements in California
The average truck accident settlement in California can vary widely. Unlike standard car accidents, truck accidents involve more severe injuries and complex liability issues, leading to higher settlement amounts.
However, using online settlement calculators can be misleading. These tools often provide inaccurate estimates as they fail to account for the unique circumstances of each case. Instead, consulting with an experienced lawyer can provide a more accurate assessment of potential compensation.
Factors Influencing Commercial Truck Accident Settlements
You may wonder, How much will you get paid if an 18-wheeler hit you? Several factors influence this amount, and it is important to understand these factors to set compensation expectations and realize your case’s strengths.
Severity of Injuries
The severity of the injuries sustained in a truck accident significantly impacts the settlement amount. Injuries can range from minor cuts and bruises to catastrophic injuries like traumatic brain injuries (TBI), spinal cord injuries, and amputations. Severe injuries often lead to higher medical bills, longer recovery times, and permanent disability, all of which increase the settlement amount.
Liability
Establishing who is at fault in a truck accident can be complicated due to the multiple parties involved. Determining fault is critical because it directly affects the settlement. If the truck driver, trucking company, or even a third-party manufacturer is liable, it can influence the compensation received.
Economic Damages
Economic damages cover the financial losses suffered by the victim, including medical expenses (past and future), lost wages, loss of earning capacity, and property damage. Detailed documentation of these expenses is essential to secure a fair settlement.
Noneconomic Damages
Noneconomic damages include compensation for pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life, among other mental and emotional hardships caused by the accident. These damages are subjective and can vary significantly from case to case, often requiring expert testimony to quantify.
Insurance Coverage
Commercial trucks typically carry insurance for higher amounts than passenger vehicles due to the potential for more significant damage and injury. The trucking company’s insurance policy limits can affect the maximum possible settlement.
Comparative Negligence
California follows a comparative negligence rule, meaning that if the victim is found partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if a victim is 10% at fault, their final settlement received would be 90% of the total award.
What Is the Average Settlement for a Semi-Truck Accident?
While it is challenging to pinpoint an exact figure, the average semi-truck accident settlement in California can vary greatly, from several thousand dollars to over one million, depending on the specifics of the case. Settlements for catastrophic injuries or wrongful death cases can exceed this range.
Liability in Truck Accidents
Determining liability in a truck accident can be complex, but it is imperative for a successful claim. The following are some potentially liable parties in truck accident cases.
Truck Driver
A truck driver might be liable if the driver was negligent, such as driving under the influence, speeding, or violating hours-of-service regulations. Driver error is a leading cause of truck accidents, and proving negligence requires gathering evidence such as the driver’s logbooks, black box data, and eyewitness accounts.
Trucking Company
The trucking or truck leasing company can be liable if they fail to maintain the vehicle properly, push drivers to exceed safe driving hours, or hire unqualified drivers. Companies are responsible for ensuring their trucks are safe, and their drivers are adequately trained and rested.
Vehicle Manufacturer
The manufacturer could be liable if a defect in the truck or any of its parts contributed to the accident. Common defects include brake failures, tire blowouts, and steering malfunctions. Proving manufacturer liability involves showing that the defect directly caused the accident.
Cargo Loaders
Improper loading of cargo can cause truck instability or spillage, causing accidents. Cargo loaders must ensure that goods are loaded and secured correctly to prevent shifting during transit. If improper loading is identified as a cause of the accident, the loading company could be held responsible.
Maintenance Providers
Companies or individuals responsible for maintaining the truck can be liable if poor maintenance practices lead to the accident. Proper maintenance practices include routine checks, repairs, and ensuring the truck meets safety standards.
The Importance of Legal Representation
Given the complexity of truck accident cases, having an experienced attorney is crucial. At Gonzalez & Jones, APC, we provide comprehensive legal support to ensure you receive fair compensation.
We are committed to ensuring that accident victims have a voice. Never let a trucking company intimidate you or let an insurance company force you to accept an unfair settlement.
Our team thoroughly investigates the accident, identifies all liable parties, and fights for your rights. You don’t have to navigate this challenging time alone.
Contact us online or call (408) 848-2208 today for a free consultation if you or a loved one has been involved in a truck accident in Hollister or surrounding areas. Our dedicated attorneys are here to help you understand your rights and pursue the compensation you deserve.