The outcome can be devastating when a big rig veers out of control. These massive vehicles that cover most highways often haul bulky or hazardous materials. Thus, what could have been a simple crash ends up as a chaotic scene. These incidents usually lead to severe injuries, property destruction, or even fatalities, leaving lives shattered.

Swift action is necessary when you or someone you love becomes a victim of a big-rig accident. Under California law, you can seek justice through a personal injury claim to recover damages and hardships caused by the crash. If a loved one died in a big-rig accident, you could file for a wrongful death lawsuit to recover not only your financial compensation but also a sense of closure and accountability. These legal processes are avenues of recovery and not merely loss-recovery tools. They are mechanisms for holding negligent parties responsible. Understanding your rights and the legal steps empowers you to make informed decisions after a traumatic event. Below is key information to help navigate the aftermath of a big-rig accident.

The Different Types of Big Rigs

California’s economy is built on big rigs, which ferry goods over the state’s sprawling highway network. Stretching over 50 feet and weighing up to 80,000 pounds when full, these vehicles dominate routes like Interstate 5, which links the nation's busiest ports to destinations far and wide. This fleet consists of semi-trucks hauling a mix of electronics, perishables, and consumer goods. Their trailers are often branded, which shows their importance in the supply chain.

18-wheelers are designed to distribute weight efficiently and keep them stable. This enables them to carry heavier or bulkier loads. Trucks used for commercial purposes and even those with double or triple trailers add to the transport industry’s carrying capacity to achieve greater logistical efficiency.

The other vital category of freight trucks varies widely in function. Box trucks handle urban deliveries, oversized construction materials with flatbeds, and perishables on refrigerated units. Volatile liquids like gasoline are carried in tankers, requiring different designs and high safety compliance.

Drivers who wish to operate these vehicles must be qualified and thus need to obtain a license. A Commercial Driver’s License (CDL) shows that the driver is properly trained and able to manage these vast transport vehicles. Federal and state regulations enforce weight limits, hours of service, and safety standards to minimize accidents. These laws are important because big rigs’ operations rely on them to protect the public and keep the transportation system working.

Common Causes of Big Rig Accidents

Many factors cause big rig accidents, each highlighting a different type of negligence or oversight. Every incident is different and involves multiple parties whose actions or inactions lead to catastrophic outcomes.

Some of the common causes include:

Driver Negligence

Big rig accidents often involve driver negligence. Drivers could violate federal rest regulations when pressured to meet tight delivery deadlines or operate vehicles while fatigued. This exhaustion can lead to slower reaction times or microsleeps, which are very dangerous given the trucks' size and weight.

The risks are compounded by drivers who engage in distractions, including texting, GPS use, or in-cab entertainment, which often result in catastrophic crashes because of the seemingly ‘brief moments of inattention.

Moreover, when drivers exceed speed limits and engage in aggressive driving behaviors like recklessly overtaking, tailgating, ‘cutting’ in front of other vehicles, or making sudden lane changes, there is an increased risk of an accident. Impairing medications, alcohol, or drugs can all further diminish judgment and control.

Another layer of vulnerability comes from inadequate training to manage these huge vehicles. Drivers who have never operated big rigs wrestle with how to do so safely. All these actions form grounds for pursuing a personal injury claim based on the driver’s negligence.

Premises Liability

Property owners or premises managers can also cause big rig accidents. Trucks driving down bad roads, potholes, or flawed parking lot designs may have caused truck control loss. If a property's condition directly causes an incident, the owner or manager of that property may be liable for the resultant damages.

Product Liability

When mechanical failures occur, truck component manufacturers bear significant responsibility. Problems can arise from design flaws, manufacturing errors, defective brakes, tire blowouts, or other critical malfunctions. The consequences of these failures can be devastating, and manufacturers can be held liable for failing to conform their products to applicable safety standards.

Government Agencies’ Negligence

Government entities could also lead to big rig accidents. Poorly maintained public roads, inadequate signage in construction zones, and flawed highway designs create hazardous conditions. Claims against government agencies, though, are complicated because of immunity defenses that can complicate accountability but not prevent it.

Trucking Companies’ Negligence

Due to their overarching role in the industry, trucking companies face extensive liabilities. They should ensure correct loading practices to prevent instability from overloading or improper weight distribution. They also have to hire skilled drivers and train them to better manage the challenges of long-haul transport.

Failing to keep up with routine maintenance, pressuring drivers to bypass safety protocols to make faster deliveries, or working with unqualified drivers can be disastrous for the company and could also put it directly at fault for the accident.

Bad Weather

A significant portion of big rig accidents are caused by adverse weather. Heavy rain, fog, ice, or snow reduces visibility, making it difficult for drivers to control these vehicles. Trucks are especially vulnerable to high winds, especially on open highways, which can destabilize them, increasing the risk of rollovers or jackknifing. Drivers and trucking companies need to be especially careful under these conditions.

Failure to adapt to the weather is often the cause of preventable accidents. On wet roads, drivers may be unable to stop at the proper distance or could hydroplane. During adverse weather, poor vehicle maintenance, like worn tires or malfunctioning windshield wipers, worsens the danger. High winds exacerbate issues with improperly secured or uneven loads, further increasing risks.

Federal regulations require drivers to reduce speed or stop altogether in unsafe conditions. Ignoring these rules amounts to negligence.

Accidents involving big rigs rarely have one cause. In most cases, they result from a combination of factors. However, this complexity requires meticulous investigation to identify contributing factors. It is important to build a solid case and gather evidence, including driver logs, maintenance records, black box data, and witness statements. Further expert analyses detail how the different elements of the crash interacted to cause the crash. These in-depth investigations are crucial to pursuing a personal injury or wrongful death claim.

The Complexities of Big Rig Accident Lawsuits

Being involved in a big rig accident in California and trying to navigate a personal injury claim or wrongful death lawsuit can be a big hassle. To achieve a successful outcome, you must prove, by a preponderance of the evidence, that the defendant’s negligence, that is, through action or inaction, more likely than not caused your injuries. That requires all the evidence, including:

  • Accident scene documentation
  • Witness statements
  • Truck data logs
  • Expert analysis of accident reconstruction or vehicle mechanics

The legal process becomes more complicated with California’s pure comparative negligence rule. You can still sue even if you are partly to blame for the accident. However, your percentage of fault will reduce your amount, so if damages awarded by the courts amount to $100,000 and you are 40% responsible, the amount you receive will be reduced to $60,000. It means it is necessary to thoroughly review the accident, find fault, and determine how much your actions could reduce the compensation you should be awarded.

Things become even more complicated if there are multiple defendants involved. If the driver is primarily at fault but their finances cannot cover the full extent of damages, you should bring other liable parties into your lawsuit. Other defendants you can consider include the following:

  • Trucking company
  • Government agencies
  • Truck manufacturers
  • Insurance companies

By widening the pool of potential compensation, the legal principle of vicarious liability extends the employer’s liability for the negligence of its employees. Further, joint and several liability rules require that if several parties are at fault for the same harm, all parties can be responsible for the entire judgment if other parties cannot pay. This can also ensure you still get the full amount if one defendant cannot pay. However, the state’s comparative negligence rules will still affect your ultimate payout.

Given the complexities, you should seek the help of a personal injury attorney. They will help you:

  • Identify all possible defendants so you are not left to rely on an under-resourced individual like a driver to cover your damages.
  • Collect and analyze the evidence to counter any defenses, especially comparative negligence defenses, presented in the case.

Can You Name Insurance Companies as Possible Defendants?

Your first attempt at securing compensation for your accident would be to turn to the truck driver’s personal auto insurance if their negligence occurred while not performing their duties as a truck driver or were using the truck for personal reasons. This liability includes bodily injury and property damage. However, the coverage limits may not go far enough to cover the extensive damages that are common in big rig accidents.

Commercial insurance policies taken out by the trucking company often become the focus of your claims when the driver operates the truck during his/her employment. These policies provide broader and more substantial coverage options:

  • General liability insurance — This policy covers negligence claims related to the company’s business operations. It also covers incidents caused by employees while performing their duties and offers protection against bodily injury and property damage caused by these actions.
  • Cargo insurance — It is designed primarily to cover losses or damages to goods transported, but it may also cover an accident caused by improper cargo handling. For example, unsecured or misloaded cargo increases the severity of an accident.
  • Commercial auto insurance — This coverage caters to business vehicles and covers damages in case of company truck accidents. This coverage comes in handy when you were injured or suffered losses due to the driver’s negligence or the truck’s defect.
  • Umbrella insurance — In some cases, companies have to look for additional coverage beyond the limits of primary policies. These policies provide extra financial protection for catastrophic claims that exceed standard policy limits.

Before you go after the insurer directly, you must prove the insured party’s liability. Knowing the insurer is involved allows you to include the insurer’s financial interest in your legal strategy, particularly during settlement negotiations.

Coverage disputes arise often and can complicate your case. These disputes may result from an insured party failing to comply with policy conditions or a disagreement over policy applicability or exclusions. Resolving these issues may require additional legal action to clarify the insurer’s obligations.

Damages You Can Pursue in Big Rig Accident Lawsuits

Big rig accidents are devastating, and often, the only legal remedies you and your family are entitled to are personal injury lawsuits and wrongful death lawsuits. These options address the specific harm or losses each group experiences. That is if you are the injured party or if you are a surviving family member of someone who has died tragically.

A personal injury lawsuit allows you to file a lawsuit in response to your physical or psychological injuries if you have been involved in a big-rig accident where another party’s negligence or wrongful act has caused you damages. This legal action guarantees that you can recover various types of losses, including:

Economic Damages

Economic damages compensate you for tangible, calculable losses directly related to the accident:

  • Medical expenses — You can recover past, current, and future medical treatments, surgeries, medications, and rehabilitation costs.
  • Property damage — The damages from an accident include repairing or replacing your vehicle and your personal belongings.
  • Lost wages — This compensation covers income lost during recovery and any loss of future earning capacity if the accident leaves you permanently or partially disabled.
  • Rehabilitation costs — Compensation could also cater to physical therapy or other needed treatments to help you regain mobility or health.

Non-Economic Damages

Non-economic damages address the more abstract, emotional, and psychological toll the accident takes on you. They include:

  • Pain and suffering — This takes care of the physical pain and emotional trauma caused by the accident.
  • Emotional distress — Your claim can include anxiety, depression, or post-traumatic stress disorder (PTSD) that resulted from the accident.
  • Loss of enjoyment of life — Compensation will also address your diminished quality of life, which makes you no longer participate in activities you once loved.
  • Loss of consortium — You can recover compensation for the loss of your intimate relationship with your spouse or partner if your injuries have interfered with your relationship.

Wrongful Death Lawsuits that Follow Big Rig Accidents

If you have lost a loved one as a result of a big-rig accident caused by someone else’s negligence, you have grounds to pursue a wrongful death lawsuit. This legal action seeks to recover damages to surviving relatives or the deceased's estate due to the pain and loss caused by the accident. Like personal injury lawsuits, you can recover economic and non-economic damages.

Economic Damages

In wrongful death cases, economic damages focus on the financial losses you experience. They include:

  • Funeral and burial costs — You can recover reasonable expenses for resting your loved one.
  • Loss of financial support — This includes earnings the deceased would have made had they been alive. The value is calculated based on the victim’s current earnings and future earning potential.
  • Loss of benefits — Courts can compensate you for health insurance, pension, or other benefits you lost when your loved one died.
  • Loss of inheritance — Compensation covers the financial assets the deceased would have left to his/her heirs if he/she had lived.

Non-Economic Damages

Non-economic damages compensate for the profound personal loss you suffer:

  • Loss of companionship — You can sue for the emotional void your loved one’s absence has left.
  • Loss of guidance — You could also recover compensation for the advice, care, and moral support lost by surviving children or spouses.
  • Pain and suffering of the deceased — If your loved one suffered pain before passing, this pain could be included in the claim.
  • Emotional distress — These damages recognize grief, sorrow, and the psychological toll of losing a loved one.

A personal injury lawsuit focuses on your injuries and seeks to make you whole again by addressing your direct physical, financial, and emotional losses. However, a wrongful death lawsuit will compensate you and other family members for the financial and emotional support lost because of your loved one’s untimely death rather than the survivors themselves.

Both lawsuits require that you prove negligence and causation upon compelling evidence. To win a personal injury lawsuit, you must prove that the other party’s actions caused your injuries and how much you have suffered. In a wrongful death case, you have to prove that the at-fault party’s negligence caused your loved one’s death and document the financial and emotional impact on the survivors.

Find a Los Angeles Personal Injury Attorney Near MeL

Big rig accidents require strong legal action to get justice and compensation for those involved. Personal injury and wrongful death lawsuits are an essential means of addressing the extensive physical, emotional, and financial injury associated with big rig accidents. These claims allow you to be made whole to help recover and rebuild.

Big rig accident lawsuits aim to protect your rights and enable you to make up for life disruption that resulted from a big rig accident. At The LA Personal Injury Law Firm, we will ensure you understand your options and fight to increase your ability to secure fair compensation. Contact us at 310-935-0089 for further assistance