The Holidays Can Lead to More Trucks on the Road
Truck accidents are some of the deadliest of all motor vehicle accidents and, every holiday season, there is a significant increase in the amount of truck traffic on the roads. Occupants of smaller passenger vehicles are at a disadvantage in a collision with a large, heavy truck, and often suffer extremely serious injuries in these crashes. It is important for all truck accident injury victims to protect their legal rights. Victims should consult with a San Diego big rig accident attorney as soon as possible after an accident. Call Deldar Legal at (844) 335-3271 to schedule your free consultation with an experienced San Diego truck accident attorney.
Why There Will Be More Trucks on the Road in the 2019 Holiday Season
The holiday season is always a busy shipping time. Holiday sales mean more products, and this means more trucks on the road. This year could see even more trucks than usual: the National Retail Federation has forecast significant increases in 2019 holiday sales over the 2018 holiday sales period. In order to meet this demand, retailers will require more deliveries, and transportation companies will have to put more miles on more trucks in order to meet this demand.
In addition to large commercial shipping operations, smaller local deliveries are also on the rise. Amazon has become a major player in the delivery market. It has created an effective – and dense – network of local delivery drivers to make sure your package arrives within their promised one or two-day delivery window. Delivery has never been faster or more convenient. Unfortunately, this convenience comes at a cost. Local deliveries in smaller trucks can also add to the accident rate. Even a minor accident can cause hours of delays in heavy San Diego traffic. More importantly, even a minor traffic accident can cause painful injuries that can affect a victim’s life for weeks, months, or even years to come. Fortunately, in many cases, victims are entitled to compensation for their losses under California law.
Who is Liable for a Retail Truck Accident?
All drivers owe a duty of care to others on the road. Truck drivers who fail to act as a reasonably prudent driver would in similar circumstances are negligent. If a truck driver’s negligence results in an accident, the driver (and potentially his or her employer) can be held liable for any losses suffered by victims. This is why transportation companies carry commercial liability insurance with high policy limits on their vehicles. Federal law requires commercial trucks to be insured with at least $750,000 of liability coverage. According to the FMCSA, higher minimum limits apply to vehicles carrying hazardous material.
Other companies might also be liable for truck accident injuries. For example, manufacturers of trucks and truck equipment could potentially be held liable for defective products. If their products fail to work as intended, they are liable for all damages that occur as a result of this failure. Manufacturers of individual parts within the vehicle (such as a steering wheel, seat belts, airbags, brakes, and other critical components) may also be held liable.
Determining who is liable for your injuries will depend on the specific facts of your case. This is why it is so important to consult with a San Diego truck accident attorney about your unique situation. If you do not sue the proper defendant, or fail to include a necessary defendant, you might lose out on a significant part of the compensation to which you are entitled by law.
How Much Will My Settlement Be?
The amount of your settlement is determined by the specific losses you have sustained as a result of the truck accident. Many insurance companies use an offensively simple calculation to come up with a settlement offer: the claims adjuster will simply multiply the amount of your medical bills by a predetermined number (usually one or two, depending on the severity of your accident) to decide how much your pain and suffering is worth. This is a highly inappropriate system that fails to take into account the particular facts of your specific circumstances. The law requires injury victims to be fairly compensated for all the losses they suffer, including:
- Medical bills
- Projected future medical expenses
- Lost wages
- Any decrease in future earning potential
- Lost employment benefits (such as health insurance, retirement contributions, and other employer-sponsored benefits)
- Lost employment opportunities (such as a promotion, commission, or other loss that can be documented)
- Loss of enjoyment of life (the inability to engage in hobbies and life events)
- Property damage (both to your vehicle and any personal property inside the vehicle)
Many of these losses are difficult to value. What, for example, is the value of being unable to attend a child’s graduation? What is the value of being forced to give up a beloved hobby? These are very real losses for which the law requires compensation. It is important for accident victims to hire an experienced truck accident lawyer who knows how to prove these losses and demand fair compensation for them.
Call Us Today to Schedule a Free Case Evaluation with a San Diego Big Rig Accident Attorney
Truck accident injury victims have important legal rights. If you have been injured by the negligence of a truck driver, you have the right to be fully and fairly compensated for all the losses you have sustained. It is important not to let the insurance company get away with a lowball settlement offer, or try to shift the blame to another individual or company. A San Diego big rig accident attorney can help you navigate the post injury process.
Call (844) 335-3271 or contact us online to schedule your free consultation at Deldar Legal. Our experienced San Diego truck accident attorneys know how to handle the legal issues presented by truck accident cases and fight to obtain the largest possible settlement or award in each case we handle.
Posted in: Big Rig Accidents