Truck accidents can result in devastating injuries and significant financial losses for victims and their families, it’s helpful to know the average settlement for a truck accident in California. If you or a loved one has been involved in a truck accident, you may be wondering how much compensation you could receive from a settlement. While every case is unique, there are several factors that can impact the average settlement for a truck accident in California.
Determining Liability in a Truck Accident
One of the most important factors in determining the average settlement for a truck accident is the issue of liability. In California, truck drivers and trucking companies are required to follow strict state and federal regulations to ensure the safety of other drivers on the road. If a truck driver or company violates these regulations and causes an accident, they may be held liable for any resulting injuries or damages.
Factors That Impact the Average Settlement for a Truck Accident
In addition to liability, there are several other factors that can impact the average settlement for a truck accident in California. Some of these factors include:
- The severity of the injuries: The more severe the injuries, the higher the potential settlement amount.
- The amount of medical bills: Medical bills can be a major expense after a truck accident, and can be a significant factor in determining the settlement amount.
- Lost wages and income: If the victim is unable to work as a result of the accident, they may be entitled to compensation for lost wages and income.
- Property damage: If the victim’s vehicle was damaged in the accident, they may be entitled to compensation for the cost of repairs or replacement.
- Pain and suffering: In some cases, victims may be entitled to compensation for physical pain and emotional suffering caused by the accident.
Average Settlement Amounts for Truck Accidents in California
The average settlement amount for a truck accident in California can vary widely depending on the specific circumstances of the case. However, some studies have provided estimates of average settlement amounts for truck accidents. According to a study by the Insurance Research Council, the average settlement amount for a truck accident in 2018 was $102,604. However, this amount can vary widely depending on the severity of the injuries, the amount of damages, and other factors.
If the Driver is not insured only economic damages are recoverable
California Civil Code § 3333.4, also known as the “Proposition 213” statute, limits the recovery of non-economic damages in car accident cases where the injured person was uninsured at the time of the accident. This law applies to cases where the injured party was driving without insurance, or was a passenger in a vehicle driven by someone without insurance. Under this statute, a person who is injured in a car accident while uninsured is generally only entitled to economic damages, such as medical expenses and lost wages. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are typically not recoverable.
However, there are some exceptions to this rule. For example, if the accident was caused by a drunk driver, the injured party may still be able to recover non-economic damages. Additionally, if the uninsured person was not at fault for the accident, they may also be able to recover non-economic damages.
Working with an Experienced Truck Accident Attorney
If you have been involved in a truck accident in California, it’s important to work with an experienced attorney who can help you navigate the complex legal process and ensure that your rights are protected. An attorney can help you gather evidence, negotiate with insurance companies, and determine the best course of action to obtain the compensation you deserve. In conclusion, the average settlement for a truck accident in California can vary widely depending on a variety of factors, including liability, the severity of the injuries, and the amount of damages. If you have been involved in a truck accident, it’s important to work with an experienced attorney who can help you navigate the legal process and obtain the compensation you deserve. Reach out to Anderson Franco Law for more information on how they can help you, and learn more about his award winning background by reading his bio.