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Average Truck Accident Settlements & Verdicts in California

The average truck accident settlement in California can vary widely, often landing between $100,000 and $1.5 million or more. The range depends on several factors, including:

  • Severity of injuries 
  • Property damage
  • Insurance coverage
  • Liability and fault
  • Long-term health impacts
  • The effectiveness of legal representation  

Do you have grounds for a truck accident claim?

Certain criteria must be met to pursue a truck accident claim in California:

  1. Injury from the crash: This injury could be physical or emotional, but it must have directly resulted from the accident. Documentation, such as medical records or psychological evaluations, can help support this claim.
  2. Statute of limitations: California law requires you to file a personal injury claim within two years from the accident date. For property-only claims, the limit is three years.

Meeting these criteria helps establish grounds for a truck accident claim, but consulting with our attorneys will clarify your case and deadlines.

If you need a consult, you should:

Our California truck accident lawyers are here to pursue a claim on your behalf.

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Trucking accident settlements in more detail

Every truck accident case is unique. Whether it’s a rear-end collision with a commercial truck, a crash involving an 18-wheeler, or an accident with a dump truck, each case demands careful evaluation and expertise. 

Rear-ended by a commercial truck settlement

A typical rear-ended by a commercial truck settlement in California is $150,000 to $200,000, depending on the severity of injuries and other case specifics.

Serious injuries can drive up the value of the claim, especially if long-term care is required.

In cases where the truck driver is found negligent or the trucking company has high liability coverage, settlements may be higher. Our legal representation and personal injury lawyers will ensure that the claim is properly valued and negotiated for fair compensation.

Average settlement for an 18-wheeler accident

The average settlement for an 18-wheeler accident in California is $100,000 to $1.5 million.

An 18-wheeler accident involves a collision with a large commercial truck, often resulting in significant damage due to the truck’s size and weight.

These accidents can lead to substantial property damage and costly medical expenses, making them complex legal cases that may require expert handling to achieve fair compensation.

In particularly severe cases involving catastrophic injuries or fatalities, settlements can exceed this range. California’s legal environment, including its insurance policies and regulations, can influence the final amount.

Average settlement for a dump truck accident

In California, the average settlement for a dump truck accident is $100,000 to $1 million.

Significant damage caused by the accident may occur when the dump truck collides with other vehicles, pedestrians, or structures. These accidents can be particularly dangerous due to the truck’s size, weight, and the nature of the materials being transported. 

Common causes of dump truck accidents include driver error, mechanical failure, poorly secured cargo, or adverse road conditions.

If the accident causes severe, lasting injuries or fatalities California truck accident settlement amounts can exceed.

Factors that affect your truck accident settlement amount

Several factors can affect the settlement amount of your truck accident in California. 

  • The severity of injuries
  • Property damage
  • Insurance coverage 
  • Long-term health impacts
  • Liability and fault
  • The effectiveness of legal representation  

The severity of injuries

More serious injuries typically lead to higher compensation, as they result in increased medical expenses, longer recovery periods, and long-term effects. For instance, spinal cord injuries or traumatic brain injuries often require extensive medical care, significantly increasing the settlement amount.

If you’re unable to return to your job or suffer permanent disability, compensation will need to cover lost wages and earning capacity. 

Someone who can no longer work in their previous field due to a personal injury may see a higher settlement to account for lost income.

Property damage

Property damage in a California truck accident settlement includes the cost to repair or replace your vehicle.  If your vehicle is totaled, the settlement will cover the full replacement cost based on its pre-accident market value, age, and condition.

Personal property damage, such as electronics, clothing, or other belongings, is also considered. If these items are destroyed or damaged in the accident, the settlement will compensate for their replacement cost.

Additionally, the cost of renting a vehicle while your car is being repaired or replaced may also be included in your truck accident claim. 

Insurance coverage 

In California, trucking companies are required to carry specific insurance based on the vehicle size and cargo. 

If the truck driver is at fault for causing the accident, the trucking company’s insurance typically covers most of the damages. However, if the coverage is insufficient, other insurance sources may be used.

For example, if the trucking company’s policy doesn’t cover all damages, your own car insurance or the insurance of another responsible party may help. 

In cases of uninsured or underinsured drivers, uninsured motorist coverage can provide compensation.

Long-term health impacts 

If an injury leads to chronic pain, disability, or ongoing medical needs, the California truck accident settlement must cover future treatment costs. For example, someone with permanent nerve damage may require long-term therapy or assistive devices, increasing the settlement value.

In cases involving long-term health issues, the settlement can also factor in:

  • Future surgeries
  • Rehabilitation
  • Specialized care

If the accident results in permanent disability, the compensation could cover lifelong care expenses.

Liability and fault

In California, if the truck driver or the trucking company is clearly at fault, they are legally responsible for covering the damages.

For example, if the truck driver ran a red light and caused the accident, they would typically be held liable, and the final settlement amount would reflect their responsibility for the damages.

In cases where liability is shared, such as in a situation where both the truck driver and another vehicle contributed to the accident, compensation may be divided according to each party’s fault. 

This is known as comparative negligence. For instance, if the truck driver was speeding but the other driver failed to signal when changing lanes, both parties may be found partially responsible. 

The settlement amount will then be adjusted based on their degree of fault. Clear liability and fault often lead to more favorable settlements, as the responsible party or their insurance is expected to cover the damages.

The effectiveness of legal representation 

Strong legal representation not only enhances the strength of your truck accident case but also ensures that you have an advocate who understands California’s laws. With the right personal injury attorney by your side, you are better positioned to achieve a favorable settlement and receive the justice you deserve.

Partnering with our experienced truck accident attorneys ensures that every aspect of your case is thoroughly evaluated, preventing low-ball settlement offers from insurance companies.

A Torrance truck accident lawyer from our law firm will fight to secure fair compensation for medical expenses, property damage, lost wages, and long-term effects resulting from your accident

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California legislation that can affect your settlement amount

The key California laws that can affect your truck accident settlement amount are: 

These laws, among others, shape the overall process of settling truck accident claims in California, impacting the available compensation.

Comparative negligence (California Civil Code § 1714)

Comparative negligence (California Civil Code § 1714) is a law that determines how fault is shared in an accident. California follows a “pure comparative negligence” rule. 

This means that if multiple parties are responsible for an accident, each party’s liability is based on their percentage of fault. 

For instance, if you are involved in a truck accident and it’s determined that you were 20% at fault for the crash, you will only be entitled to 80% of the compensation awarded.

For example, if a settlement is worth $100,000, and you are found to be 25% at fault, your compensation will be reduced by 25%, meaning you would only receive $75,000. Conversely, if the other party is found to be 100% at fault, you would be entitled to the full settlement amount.

Statute of limitations (California Code of Civil Procedure § 335.1)

The statute of limitations (California Code of Civil Procedure § 335.1) sets the time limit for filing a claim after the date of the accident. In California, you have two years to file a personal injury claim and three years for property damage claims.

While it doesn’t directly affect the settlement amount, missing the deadline means you can’t pursue compensation. 

If you wait too long, evidence may be lost, and your case could be dismissed, leaving you with no compensation, regardless of the severity of your injuries or damage.

Minimum insurance requirements (California Vehicle Code § 16020)

Minimum insurance requirements (California Vehicle Code § 16020) mandate that all drivers in California carry liability insurance to cover damages in case of an accident. 

The minimum required coverage is $15,000 for injury or death per person, $30,000 per accident if multiple people are injured or killed, and $5,000 for property damage.

This minimum insurance often sets a baseline for what can be claimed, especially if the at-fault party has no additional coverage. 

For example, if damages exceed the $15,000 per person minimum, the victim may face challenges securing full compensation unless the at-fault driver has more coverage or additional resources.

Punitive damages (California Civil Code § 3294) 

Punitive damages (California Civil Code § 3294) allow courts to add compensation beyond actual losses to punish and deter severe misconduct. 

In California, punitive damages apply only when the defendant’s actions involve fraud, oppression, or malice—such as a truck driver causing an accident while driving recklessly or under the influence. 

There’s no set limit for punitive damages; they can be substantial, often multiplying the compensatory amount.

State workers' compensation laws (California Labor Code § 3600)

State workers’ compensation laws (California Labor Code § 3600) guarantee that employees injured on the job receive benefits, covering medical bills, partial wage replacement, and disability support, regardless of fault. 

However, it generally prevents employees from suing their employer directly.

This law affects settlement amounts because workers’ comp is typically an exclusive remedy, it limits settlement amounts by excluding damages like pain and suffering. 

For example, a truck driver injured while working may get medical and wage benefits through workers’ comp, but they won’t receive the broader compensation available in a personal injury lawsuit.

Insurance bad faith (California Insurance Code § 790.03)

Insurance bad faith (California Insurance Code § 790.03) prohibits insurers from unfair practices, such as unreasonably denying or delaying claims. 

When an insurer acts in bad faith, the policyholder can sue for additional compensation beyond the original claim amount.

If an insurer delays or denies a truck accident claim without a valid reason, the affected party may pursue damages for bad faith, potentially increasing the settlement.

For example, if an insurer unjustly rejects a $200,000 claim for medical costs, the policyholder might sue for the claim amount plus additional compensation for the unfair treatment. This law encourages insurers to handle claims fairly, knowing they could owe more if they don’t.

If you’ve been involved in a semi-truck accident, contact our San Bernardino truck accident lawyer for expert legal advice.

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The legal process for your trucking accident claim

The legal process for a trucking accident claim involves several important steps, from seeking medical care to potentially going to trial:

  1. Seek Immediate Medical Attention: After an accident, prioritize medical care. Even if injuries seem minor, a medical evaluation documents your condition, which is important for your claim.
  2. Report the Accident: Report the incident to local law enforcement and your insurance provider. Police and insurance reports provide essential documentation.
  3. Consult a Truck Accident Lawyer: Hiring our lawyer early can help you understand your rights, gather evidence, and avoid mistakes that might affect your claim.
  4. Gather Evidence: Collect medical records, police reports, witness statements, photos of the accident scene, and any other relevant evidence.
  5. File the Claim with the Insurer:  We will submit your claim to the appropriate insurance companies (yours and/or the trucking company’s). We will assist with this to ensure accuracy.
  6. Negotiation and Settlement: The insurer may offer a settlement. We will negotiate on your behalf to secure fair compensation. If the settlement offer is insufficient, the claim may proceed to a lawsuit.
  7. File a Lawsuit (If Necessary): If a fair settlement isn’t reached, we will file a formal lawsuit, initiating the court process.
  8. Discovery Phase: Both parties exchange information, including documents and depositions. This phase builds the trial evidence.
  9. Mediation or Settlement Conference: Before trial, mediation or a settlement conference may be scheduled to reach an agreement without going to court.
  10. Trial (If No Settlement Is Reached): If settlement efforts fail, the case goes to trial, where a judge or jury decides the final compensation amount.
  11. Receiving Compensation: If you win or settle, compensation will be issued according to the agreement or court order. Legal and medical fees may be deducted if applicable.

This process can vary depending on the details of your accident and may require significant time to resolve.

Statistics on California truck accidents

In 2020, the California Highway Patrol reported an increase in fatal truck accidents, with 88 fatalities involving at-fault truck drivers, compared to 83 in 2019. 

While injury crashes involving trucks decreased from 3,038 in 2019 to 2,447 in 2020, these figures still underscore the significant risks truck collisions pose, often resulting in severe injuries and financial losses for victims.

Fatal crashes occurred every two hours on average, revealing the ongoing road safety challenges California faces. 

The alarming statistics emphasize the critical need for professional legal assistance following a truck accident.

Common challenges in filing a claim yourself

Here are some common challenges you may face when filing a truck accident claim on your own:

  1. Handling Legal Procedures: Complicated laws and paperwork can be difficult to manage without legal experience.
  2. Proving Fault: Truck accidents often involve multiple parties, making liability tricky to establish.
  3. Negotiating Settlements: Insurance companies may offer lower settlements, requiring negotiation skills you might lack.
  4. Meeting Deadlines: Missed deadlines can prevent you from filing a valid claim.
  5. Gathering Evidence: Collecting the right evidence without legal help can lead to missing key information.
  6. Estimating full Compensation: Calculating long-term damages, like future medical costs or lost wages, can be challenging.
  7. Handling Legal Defense: Defendants often have strong legal teams, making it hard to represent themselves effectively.

Seeking help from our experienced attorneys can ensure that you won’t miss critical steps and increase your chances of receiving fair compensation.

Our truck accident settlements

Here are some notable case settlements from Feher Law:

  •  $1,700,000: This case (Marquez vs. OB Trucking) involved a severe truck accident that resulted in significant back and neck injuries to the plaintiff. Our experienced attorneys successfully secured a settlement to cover extensive medical bills and lost wages.
  •  $1,500,000: In this case (Mendez vs. Go Express, LLC), the plaintiff sustained a major back injury in a truck crash, leading to a long recovery process. We fought to ensure the client received adequate compensation for medical treatment and future care.
  •  $1,100,000: In this case (Carter vs. Stepter), the plaintiff suffered neck injuries after a trucking accident. Feher Law helped the client secure a substantial settlement to cover medical costs, rehabilitation, and compensation for pain and suffering.

Trust Feher Law for expert legal advice

If you’ve been involved in a trucking accident, seeking expert legal advice is fundamental to securing the compensation you deserve. 

Feher Law is dedicated to helping you manage the legal process with confidence and care.

Whether you are dealing with significant injuries or complicated liability issues, our Huntington Beach truck accident lawyers are here to support you.

For personalized assistance: 

  • Call us today to schedule a consultation at (866) 6466-676 or
  • Visit our Contact Us page to schedule a free consultation

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