Truck accident claims can be long and complicated processes

Truck accident claims can be long and complicated processes

On Behalf of | May 26, 2022 | Automobile Accidents

Truck accidents happen in Southern California on a regular basis. And when they do occur, settling the injury claims can be a drawn out and complicated process. This is especially true in pile-up situations where the truck driver is not necessarily totally at fault for the crash. Trucking companies are always focused on reducing the amount of payout that will occur in the aftermath of an accident, many times trying to shift fault to other parties. It is important for everyone on the road to understand how these claims can differ.

Whole damage payment potential

One of the first problems many victims of standard motor vehicle accidents face is a limited amount of auto liability protection carried by personal vehicle owners. Many Californians carry only the state minimum, and those who do have increased liability coverage will rarely have the amount required for commercial trucks.

Vicarious liability potential

Another possible avenue of financial compensation is through shippers or shipping contractors that may have loaded a trailer improperly. Flatbed cargo that is not securely anchored or containers that are overloaded or unbalanced can cause shifted loads or tipping over in some instances, and any evidence that this caused a truck accident can be the basis of an additional claim.

Additionally, while many standard auto accidents are settled without formal litigation, this is not always the case with a truck accident. Truck accident cases go to court regularly when the shipping company or an insurance provider thinks they have an opportunity to significantly reduce their payout amount. All drivers in California are assessed for comparative negligence for causing an accident when fault is not clear, and the jury is the ultimate determiner of who is exactly at fault and to what percentage that liability extends.