More semi-trucks travel along California’s highways, from the 101 to the Golden State Freeway, than nearly any other state in the nation, so California sees more semi-truck accidents, too. In fact, in a recent year, California saw the second-highest number of fatal truck crashes in the country, nearly 500. In that same year, on average, 70% of all large truck accident fatalities were occupants of other vehicles—not the truck.
Many of these victims file personal injury lawsuits with the help of an experienced California truck accident attorney. If you’re in this position, you’re likely wondering what to expect next and whether you’ll have to testify.
Do semi-truck accidents go to trial? Sometimes, but your attorney typically considers a few key points before taking your claim to trial rather than settle.
Factors that make a truck accident case more likely to go to trial
Any traffic collision case can go to trial, but a few are more likely than others; commercial vehicle claims are usually ones more likely to go to trial. In fact, your account may contain all of the following reasons that lawyers choose to take a case to trial.
High material damages
Because truck accidents yield such severe injuries, the medical bills (and thus material damages) are going to be extremely high. If the victim is injured to the point where they cannot live independently and require in-home care or accommodations in a nursing home, then their damages may easily reach eight figures.
When an insurance company sees the plaintiff’s demand letter stating the full extent of their medical care and other damages, there’s a good chance they’d prefer to take their chances at trial rather than pay out a settlement more than ten times the average car accident settlement.
Multiple defendants
When you’re involved in an accident with another passenger car, there’s only one defendant: the other driver. In a truck accident, there are usually more defendants:
- The trucker (the primary cause of the accident)
- Their trucking company (due to vicarious liability)
- The cargo loaders (if the load wasn’t balanced correctly, the truck could tip over)
- The mechanic who worked on the truck or trailer (failed to properly complete the repair, making the truck inherently dangerous)
One defendant may opt to settle, while another may believe that your argument for their liability won’t stand up in court, and decide to go to trial. Defendants who didn’t directly cause the crash, like a mechanic or cargo loader, may opt to do this more often than the truck driver, who was in the vehicle, and it is easier for a jury to agree that they caused the wreck.
Contested liability
Evidence is crucial in truck injury claims, but some cases have more than others. Perhaps the wreck occurred at night, in the rain, and there weren’t any witnesses, or much of the physical evidence washed away. Or, perhaps the defendant’s insurance company believes they have a strong argument in favor of you being liable for the crash and is ready to present it to the jury.
Trucking company’s reputation
A settlement may be seen as an admission of guilt, as if the defendant feels they couldn’t win in court. If a trucking carrier is named as a defendant, it may not want to have the reputation of operating dangerous trucks. National carriers may be especially motivated to go to trial and try to win as if they settle, they could face more risk of lawsuits nationwide.
Possibility of punitive damages
Plaintiffs in California truck accident claims are eligible for economic, non-economic, and punitive damages. While most settlements contain economic (material) and non-economic (intangible, like pain and suffering) damages as part of the settlement, punitive damages are almost always awarded in court.
Why? Punitive damages are punishing rather than compensatory. Also referred to as exemplary damages, punitive damages financially penalize the other party for their negligence. They also serve as an example to other trucking companies and drivers of what would happen if they cut similar corners as the defendant.
If your attorney believes that the defendant’s actions were egregiously negligent, then they may skip the settlement negotiations altogether—after all, the insurance company isn’t going to voluntarily offer millions in exemplary damages—and head straight for trial, especially if your case is strong.
Do you need an attorney after a truck accident?
You may be eligible for significant compensation if you’ve been injured in a commercial truck accident that wasn’t your fault. The attorneys at Ernst Law Group have a solid track record of seven- and eight-figure verdicts for truck accident claims, including being awarded punitive damages. We offer a free consultation, which you can book by dialing (805) 541-0300 or filling out our online contact form.
