How Much is My Trucking Case Worth?

“The value of cases against a private individual… var[ies] depending on the damage to the cars involved.”

I often ask new clients I meet with what they’re hoping to achieve in their accident cases. Many will say they’re not out for a million dollars and that mostly they just want their medical bills paid. Others will say they want a “fair” result, with both medical bills paid and additional money for what they had to go through, something usually called “pain and suffering.” Sometimes I’m asked to give a specific dollar amount. This is hard to do because each case is unique. And especially at the beginning of a case, when there is little to no medical treatment, it is hard to know what a case may be ultimately worth. I do know in general, however, that cases involving commercial defendants tend to be worth more that cases involving a private individual.

Car Versus Car Cases

When we take cases to trial, we are not allowed to tell the jury that the defendant, or wrongdoer, has insurance. But that is the reality in virtually 100% of our automotive or premises cases: there is an insurance company behind the scenes that is defending the lawsuit and is on the hook to pay when there is a verdict. We do screen our cases to make sure we have what we call “collectability.” So even if we have a case with clear liability and serious injuries, we will probably turn down that case if there is no insurance. However, even when the jury might know there is insurance, I think there is a reluctance to really throw the book at a private individual.

This doesn’t mean that a strong claim cannot be made. If a defendant ran a red light, for example, this is conduct that will usually concern the jury and the allowing of a full and fair verdict can act as a symbol of the jury’s distaste for people running red lights and endangering the public. Before filing a lawsuit, however, insurance companies tend not to take private individual cases as seriously as if it involved a commercial defendant. Thus, settlement offers from insurance companies can be considerably lower because of the perception that the victim’s case against widow Brown will not go well.

The value of cases against private individuals, however, can go up considerably when the injuries and damages are greater. For example, if a person ran a red light and the victim was taken by ambulance to the emergency room and had an MRI and a surgical recommendation, that case will be worth considerably more than a case where there are just “soft tissue” injuries. In the many focus groups that I’ve conducted, most of the participants agree that there should be money in the verdict to cover all the related medical bills. Above that, however, many jurors are conflicted as to what the appropriate value should be. Some, for example, don’t even believe that money should be available for “pain and suffering” damages.

The value of cases against a private individual can also vary depending on the damage to the cars involved. If the case involves a scratch on the bumper, you can expect that offers on these kinds of cases will be much less than cases where there is clear, expensive damage to one or both cars. Ultimately, it comes down to what a jury is motivated to do on your case and how they feel about the severity of your injury.

Accident Claims Against a Trucking Company

Many attorneys mistakenly treat cases involving tractor trailers just like an auto versus auto case. This might be because the insurance company for the trucking company will suggest there is no difference. The difference, however, can be huge.

• More insurance coverage: The policy limit on a minimum Utah motorist policy caps at $25,000 per person, while a trucking commercial policy will usually start at $1 million. However, this is typically an aggregate policy covering all claims in a crash, which can dilute individual settlements.
• Higher verdict potential: Juries are more likely to award higher amounts when the defendant is a commercial company versus a private individual, especially when they perceive the company has deeper pockets.
• More serious injuries: Tractor trailers can weigh up to 80,000 pounds, meaning the potential for catastrophic injury is greater when struck by one of these vehicles.
• More rules and regulations: Commercial drivers must follow stricter standards than regular drivers. Utah’s commercial driver handbook is available here.

In addition to state requirements, truck drivers must follow federal regulations that apply to vehicles over 26,000 lbs. Attorneys who treat these cases like simple car accidents are missing critical opportunities.

Because I wanted to learn as much as possible about trucking cases, I went to truck driving school to get my CDL, or commercial driver’s license. I went through the same training and testing that other commercial drivers went through. That’s why I can say without hesitation that a heightened standard applies to commercial drivers. These drivers are professionals, and more is expected of them.

Common Trucking Rules Violations

Truck versus auto collisions often happen when drivers aren’t following safety regulations. While many crashes are caused by regular motorists, truck drivers are also at fault in a significant number of cases.

Following too closely: According to federal regulations, this means driving too close to stop safely if the car ahead brakes suddenly. A study found 5% of truck crashes are caused by following too closely.

During my training, I noticed that cars frequently cut in front of trucks, reducing safe stopping distance. This often tempts drivers to follow too closely, increasing crash risks.

Driving too fast in bad weather: In one case we handled, a trucker drove too fast in whiteout conditions, resulting in a multi-car crash. The driver claimed he couldn’t see stopped traffic, but federal law (section 6.3.10) states that “extreme caution” must be used in conditions that affect visibility or traction. The case was settled for a fair amount, far exceeding what an auto versus auto case might bring.

The bottom line is: trucking cases must be handled differently from regular auto cases to maximize their value. Your attorney should understand trucking safety laws and the unique nature of these claims. As trucking accident attorneys, we’re happy to offer free consultations and “second opinion” meetings to help you ensure your case is on the right track.

Ron Kramer is an attorney practicing trucking law in West Jordan and throughout Utah.