Rollover semi-truck accidents are devastating, often leaving victims with severe injuries and overwhelming medical expenses.
Due to the serious injuries involved and the high-value claims they generate, these cases are far more complex than standard car accidents. That’s why successfully securing compensation requires an experienced California truck accident attorney who understands the unique challenges of truck accident litigation. Choosing the right lawyer can make all the difference in proving liability and obtaining a fair settlement or trial verdict.
Accurately valuing high-stakes truck accident claims
Valuing the economic losses from a truck accident is simple: Any personal injury attorney can total the cost of your medical care, lost wages, and property damage. However, you’re also entitled to future medical costs, which for truck accident victims can be considerable, especially if you need an extended stay in a nursing home to recover, in-home health care, or physical and occupational therapy.
Many victims are permanently disabled, requiring modifications to their homes and vehicles to accommodate their disabilities. Your damages cover this, too. If you cannot remain in your current job because of your new disability, you are entitled to the difference in earning potential.
Future medical expenses
Valuing future needs is more complex. Usually, attorneys work with medical experts to estimate the medical care necessary for the next several years and economic experts to properly value the difference in earnings, including retirement contributions and pensions.
When material damages top seven figures, there must be a very solid justification for that amount. Insurance companies don’t make money handing over million-dollar settlements and picking apart high-value claims. Experienced truck accident attorneys understand what insurance companies look for and how to best affirm the amount for damages.
Fighting multiple defendants in complex truck accident cases
Car collisions between two private drivers typically only have one defendant: the other driver. Truck accidents, though, often have at least two defendants: the trucker and their company. Even if the truck driver is a contracted driver and not a direct employee, the trucking company may still be vicariously liable for damages their drivers cause.
Now, instead of building one case, your lawyer must build two. One of these involves the legally complex principle of vicarious liability, or proving that one party is liable for the actions of their agent.
In some cases, there may be a third defendant, such as a mechanic who didn’t properly complete repairs on the cab or trailer or cargo loaders who misloaded the container, making the trailer unstable and fundamentally dangerous.
An attorney who mainly litigates two-party car collision cases may be wholly unfamiliar with building two or more cases for the same plaintiff. Good truck accident lawyers understand that case-building often involves multiple parties.
Proven trial experience for truck accident cases
There is a much higher likelihood that a semi-truck accident will go to trial than a regular car accident case. Most car accident collisions are settled out of court. While a commercial vehicle accident may be settled, there’s more of a chance it will go to trial than a car accident case.
Car accident lawyers may go a year or more without participating in a trial; truck accident lawyers are much more likely to have practical trial experience and understand the differences in presenting evidence to an insurance company versus using evidence to paint a picture of negligence before a jury.
| Related articles: |
How commercial vehicle regulations impact liability in truck accidents
Commercial vehicles must follow regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Failure to follow the rules for driving time, mandatory rest periods, and other operational guidelines can expose a trucker to liability.
Trucking companies, too, must ensure their drivers follow FMCSA regulations. If a trucking carrier sets an overly demanding schedule that forces drivers to operate outside the permitted window, for example, they can be liable for damages in a wreck. And, a trucking company can be held liable for not ensuring its drivers have proper training, certification, and licensure.
Get experienced legal help after a truck rollover accident
Have you been involved in a semi-truck rollover crash? The attorneys at Ernst Law Group have decades of combined experience litigating tough truck accident claims and a long track record of successful settlements and jury awards. Contact us at (805) 541-0300 for a free consultation.
