Whenever talking about commercial vehicle settlements, we have to discuss liability and how it impacted the result of the collision. Before damages can be calculated, the personal injury attorney has to determine exactly who is responsible and what happened.

In many commercial vehicle accidents, there are several parties involved that could be responsible. This can increase how much you should be offered in settlement. However, it will also complicate your case and can extend the entire process.

At the end of the day, in a truck accident, the personal injury attorney will determine some very important things that have to be taken into account as the right settlement is calculated. This includes:

The Party Responsible for The Accident

Lawyers use several practices to figure out exactly who caused the truck accident. This includes accident reconstruction, reviewing black box data, interviewing witnesses, and much more. Being aware of exactly what happened and what caused the accident is very important when it comes to understanding liability, together with degree negligence.

Liability

In the event that the poor maintenance of the truck caused the brakes of the vehicle to work improperly and we also saw speeding that made it impossible for the driver to stop at the right time for that the collision to be avoided, the company responsible for maintenance and the driver will share liability. Although the victim is partially liable, for instance for when speeding a little, the other parties’ responsibility will not be nullified.

The Truck Driver as an Employee of the Trucking Company

Contrary to popular belief, not all truck drivers are employed by the trucking company. Some are just contracted drivers, which is exactly the same as being an independent contractor. We often see this with ridesharing and delivery companies. And it is much more common than you might think with trucking companies. If the driver was not an employer of the company, different rules apply.

Ongoing Criminal Investigations

When the truck driver was showing criminal behavior, like driving while drunk, criminal investigations will be launched in relation to the crash. Ongoing criminal investigations are going to delay your access to very important evidence. This does extend the case’s timeline but can easily increase how much you receive as settlement. Gross negligence evidence always leads to substantial punitive damages.

Severity of Damages

If injuries are major, it means medical expenses will also be major. At the same time, severe damages can lead to more emotional and physical pain, especially since the quality of life is reduced and injured parties cannot work anymore. When looking at such devastating situations, it is very easy to understand why with severe injuries and really large property damage, compensation is always higher.

At the end of the day, commercial truck accident settlements can easily be impacted by several factors. So it is very important to determine absolutely all those factors that could increase how much money you will receive. Never start a truck accident injury claim without discussing your case with a highly experienced truck accident attorney.