Your truck accident case is worth the cost of everything you suffered because of the accident – at least.
Many factors determine the total amount, but getting up to a million dollars or more is possible if you retain experienced truck accident attorneys.
Variables that impact the amount you receive include:
- Severity of your injuries
- Wages lost or loss of earning capacity
- The skill of your truck accident attorney
- If liability is clearly established
- The defendants
- The amount of the defendant’s insurance
- The evidence for your case
It’s difficult to understand how much a truck accident claim is worth. At Wilshire Law Firm, we have experienced truck accident attorneys and other professionals who will give you a more accurate estimate based on your specific details.Â
Damages in a Truck Accident in Los Angeles
Damages are either economic or non-economic.
Economic damages
Truck accident survivors get compensated for medical bills, lost wages, loss of future earning capacity, vehicle repair or replacement costs, money to pay for household services they cannot perform, and other future economic losses.
Non-economic damages
These damages are less clearly defined. You may know them under their catch-all term of “pain and suffering.” Non-economic damages include emotional pain or anguish, loss of consortium, disfigurement or disability, loss of enjoyment of life, and more.
Multiplier versus Daily Rate
California has two common methods for calculating compensation for intangible damages: the multiplier method and the daily rate method (also known as the per diem method).
Here’s an explanation of each:
Multiplier Method
Add up all the money losses that are easy to calculate, such as how much you spent on doctor’s visits or how much money you didn’t earn because you couldn’t work.
The number you multiply the total by is based on how bad the injury is, how long it takes to get better, and how much it changes your life.
This amount includes compensation for the pain, emotional stress, and the fun activities you’ve missed out on because of the injury.
Daily Rate (Per Diem) Method
This method assigns a dollar value to each day the plaintiff suffers from the injury until they reach maximum medical improvement (MMI).
It is often based on the plaintiff’s daily earnings, or a reasonable amount determined by the plaintiff’s attorney.
The amount found from either method is added to the economic damages to determine the total compensation.
These methods are not mandated but lawyers use them as negotiation tools. The choice depends on the case’s circumstances and which method yields the most favorable outcome.
Compensation is subject to negotiation between the parties involved or determined by a jury if the case goes to trial. A skilled lawyer will determine which will work best for you.
Cost of a Los Angeles Truck Accident
The potential costs of a truck accident in Los Angeles are substantial, often involving a combination of economic and non-economic damages.
Some of the basic costs include:
- Medical expenses: Injuries from truck accidents can be severe, requiring extensive medical treatment, surgeries, rehabilitation, and ongoing care. These costs can quickly add up to hundreds or even millions of dollars. The most recent stats are $4,181 for a hospital stay in California.Â
- Lost income: Victims may be unable to work due to injuries, resulting in lost income and benefits. This can include both present and future lost earnings if the injuries result in long-term disability.
- Property damage: Vehicles involved in truck accidents are often severely damaged or totaled, leading to significant repair or replacement costs.
- Pain and suffering: Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, can be substantial in truck accident cases.
- Disability and disfigurement: Victims may suffer permanent disabilities or disfiguring injuries that impact their quality of life and ability to work.
- Loss of consortium: Spouses of truck accident victims may be entitled to compensation for the loss of companionship, support, and intimacy.
- Wrongful death: If a truck accident results in fatalities, the victims’ families may seek compensation for funeral expenses, loss of financial support, and loss of companionship.
- Legal fees: Pursuing a truck accident claim requires the assistance of an experienced attorney, which can result in legal fees.
The total costs of a truck accident in Los Angeles vary widely depending on the circumstances, the severity of the injuries, and the liability of the parties involved.
An experienced personal injury attorney helps navigate the legal process and recover compensation.
Common Truck Accident Injuries in Los Angeles
Truck accidents often result in severe injuries due to the size and weight of the vehicles.
Some of the most common injuries include:
- Head and brain injuries: Traumatic brain injuries (TBI), concussions, and skull fractures.
- Spinal cord injuries: Damage to the spinal cord can lead to paralysis, loss of sensation, and other neurological impairments.
- Back and neck injuries: Whiplash, herniated discs, and other soft tissue injuries.
- Fractures and broken bones: Limb, rib, and pelvic fractures.
- Internal injuries: Damage to internal organs such as the lungs, liver, spleen, or kidneys.
- Crush injuries: When a person is pinned or caught between objects, leading to severe tissue damage, internal injuries, and sometimes amputation.
- Lacerations and abrasions: Deep cuts, bruises, and road rash from contact with the road surface or debris.
- Burn injuries: If the accident causes a fire or explosion, victims may suffer from severe burns.
- Psychological trauma: Accidents can cause emotional distress, post-traumatic stress disorder (PTSD), anxiety, and depression.
- Wrongful death: In some cases, truck accidents can lead to wrongful death claims by the victim’s family.
The severity of these injuries depends on the speed of the vehicles, the point of impact, and whether the victims were wearing safety belts.
The risk of severe injury is real. Truck accident victims should seek immediate medical attention and consult with an experienced personal injury attorney to protect their rights.
Common Causes of Truck Accidents
A combination of human error, mechanical issues, and environmental conditions may cause truck accidents, including:
- Driver fatigue: Truck drivers often work long hours and may be prone to drowsiness or falling asleep at the wheel.
- Distracted driving: Drivers can be distracted by cell phones, navigation systems, eating, or other non-driving activities.
- Speeding and reckless driving: Truckers may exceed speed limits or drive aggressively to meet tight delivery deadlines.
- Inadequate training: Inexperienced or poorly trained drivers may lack the skills to handle large trucks safely.
- Impaired driving: Driving under the influence of alcohol, drugs, or prescription medications can impair judgment and reaction times.
- Mechanical failures: Poorly maintained trucks can experience issues with brakes, tires, steering, or other critical components.
- Improper loading: Overloaded or improperly secured cargo can shift during transport, causing the truck to become unstable or shed its load.
- Weather conditions: Inclement weather, such as rain, snow, or fog, can make driving more challenging and increase the risk of accidents.
- Road conditions: Poorly maintained roads, construction zones, or road debris can contribute to accidents.
- Blind spots: Large trucks have significant blind spots, and drivers may fail to see smaller vehicles when changing lanes or making turns.
- Inadequate maintenance: Trucking companies may neglect regular maintenance or repairs, leading to unsafe vehicles on the road.
- Unfamiliarity with routes: Truck drivers navigating unfamiliar areas may be more prone to making mistakes or getting lost.
Determining the cause of a truck accident is part of establishing liability and pursuing compensation. Thorough investigations, including analyzing the truck’s event data recorder (EDR) and driver logs, help identify the responsible parties and support legal claims.
How Can a Lawyer Help Me After a Truck Accident?
After a truck accident, you need a lawyer to help you through the physical injuries, emotional trauma, and financial burdens.
Here’s how a lawyer can navigate the complex landscape following a truck accident, protecting your rights and recovering the compensation you deserve.
Immediate Investigation and Evidence Gathering: Post-accident, the scene quickly changes as vehicles move and evidence can be lost or altered. A lawyer acts swiftly to secure crucial evidence.
They engage accident reconstruction experts, obtain the truck’s electronic logging device data, and secure surveillance footage from nearby cameras. This early intervention is pivotal in building a robust case.
Navigating Complex Regulations: The trucking industry is governed by federal and state regulations. Understanding what they mean is a big part of determining liability.
A lawyer with experience in truck accidents knows these regulations inside out. They identify violations by the truck driver or trucking company, such as exceeded service hours, which are pivotal in establishing negligence.
Dealing With Insurance Companies: Insurance companies minimize payouts. A seasoned lawyer knows their tactics and negotiates on your behalf. They don’t allow the insurance companies to undervalue your claim or pressure you into accepting a quick, inadequate settlement.
Comprehensive Damage Assessment: A lawyer helps accurately assess the full extent of your damages. This includes immediate medical expenses, long-term care costs, lost wages, loss of earning capacity, and non-economic damages like pain and suffering.
Litigation and Trial Representation: While many truck accident claims settle out of court, some require litigation. If necessary, a lawyer prepares your case for trial by presenting evidence, arguing your case, and advocating on your behalf.
Guidance and Support: Beyond legal matters, a lawyer provides invaluable advice and support during recovery. They can help you navigate the medical treatment process, advise you on dealing with creditors if you cannot work, and offer emotional support.
Having a trusted advisor who understands what you’re going through can be incredibly reassuring.
Maximizing Your Compensation: A lawyer’s job is to ensure you receive maximum compensation for your injuries and losses. Whether negotiating with insurance companies, mediating, or taking your case to trial, a lawyer employs strategies to maximize your recovery.
Following a truck accident, a lawyer can serve as your advocate, guide, and protector.
By handling the investigation, dealing with insurance companies, and ensuring your compensation reflects your total losses, they allow you to focus on what’s most important—your recovery.
Their experience levels the playing field against well-resourced insurance companies and trucking corporations and provides a pathway to justice and financial stability after such a life-altering event.
Why You Shouldn’t Worry
You should not worry about insufficient compensation when you hire our firm. We have the people and the resources to get you what you deserve.
A truck accident is traumatic enough. Don’t hire a truck accident attorney who won’t get you what you need.
You should also not worry about driving the truck driver into debt when you sue them.
If you decide to sue for damages, their insurance company or employers will most likely have to pay for their negligence.
Contact our award-winning personal injury attorneys to get proper estimates and the best representation for maximum compensation. You’ll never worry that we won’t protect your rights.
