Getting into a trucking accident can be an extremely painful experience. People who are injured in these kinds of accidents often have problems for the rest of their lives. In 2019, 355 people lost their lives to trucking accidents in the state of California. The state was second only to Texas in the number of fatal trucking accidents. About 130,000 people are injured by trucks a year.
XPO Logistics is a trucking company that has caused many accidents over the years. The law firm of Caputo & Van Der Walde LLP can represent you if you have been involved in a trucking accident with XPO Logistics or any other trucking company.
Who Is XPO Logistics?
XPO Logistics is one of the largest providers of asset-based less-than-truckload (LTL) transportation in North America, with proprietary technology that moves goods “efficiently” through its network. They claim to help companies to de-risk their supply chains by moving their goods using cutting-edge technology.
XPO Logistics has a rating of 1.38 stars from 146 reviews, indicating that most customers are generally dissatisfied with the service. . Reviewers complaining about XPO Logistics most frequently mention customer service, delivery date, and next day problems. Additionally, they’re involved in many accidents. According to the Federal Motor Carrier Safety Administration (FMCSA), it was involved in 839 truck crashes over a recent two-year span. Sadly, 18 of those crashes resulted in deaths and 244 caused serious injuries. (Dont understand why we are using a whole page to go after 262 collisions per year?)
For this reason, XPO Logistics has agreed to pay nearly $30 million to settle two misclassification lawsuits involving hundreds of port drivers. A California federal judge issued preliminary approval for two settlements last week. In a case against XPO Logistics Cartage, a $20 million settlement was reached. These settlements were given to injured parties just like you.
Trucking Insurance Laws in California
California is a fault state when it comes to insurance, this means that the person who is responsible for an accident is also responsible for its associated bills. In many cases, more than one person is responsible for a collision. California is a comparative fault state. . This means that each person is responsible for their own percentage of fault. . For example, if you were involved in a collision with a truck driver who was 60% at fault, and you were 40% responsible,, you should be reimbursed for 60% of your damages based upon the truck driver’s percentage of fault. . Therefore, proving fault is very important.
Trucking accident bills are much higher than bills for a passenger car accident. Fatalities are far more common after an accident with a truck. If you have been involved in a trucking accident, it is very important to document your expenses. At the scene of the crash, you should:
- Call the police and wait for them to arrive
- Allow EMTs to treat you and go to the hospital if necessary
- Get the names of witnesses
- Take pictures if you can
You should never tell a police officer that an accident was your fault even if you think it was. There may be many factors of which you are not aware. The officer will ask questions about the accident, but you do not have to answer them.
You should also document the expenses that are related to your accident. This may include:
- Hospital bills
- Bills for visits to the doctor
- Physical therapy bills
- Receipts from medications
- Proof of lost income
- Records of psychiatric treatment
- A daily journal
Injuries from trucking accidents are often permanent. A person may suffer broken bones, paralysis, traumatic brain injuries, disfigurement, or burn injuries. People who suffer spinal cord injuries or are permanently disfigured may receive money for pain and suffering. Catastrophic injuries are not uncommon after truck accidents.
Calling an Insurance Company
If you were a driver involved in an accident, you will call your own insurance company to report the crash. If you were a passenger in an accident that was the fault of a truck driver, you will call the truck driver’s insurance company.
When you first call, they will ask for some basic information about the case and tell you to send in your documentation. Once the documentation is received, an insurance adjuster will be assigned to the case, they will review the facts and documents and approve or deny your claim. If the claim is approved, they will offer you a settlement amount. Before you take that amount, you should contact a personal injury lawyer.
Hiring a Truck Accident Lawyer
If you have been injured in a trucking accident, it is very important to hire a law firm such as Caputo & Van Der Walde LLP which specializes in truck accidents.
If you are dissatisfied with the settlement that an insurance company has offered you, commercial truck accident attorneys can negotiate with the company on your behalf.
What are the benefits of hiring an injury attorney? Can’t I negotiate for myself?
A truck accident lawyer will have years of experience in negotiating with insurance companies. They will keep apprised of cases like yours and changes to personal injury law.
What happens if you cannot convince an insurance company to pay me what I deserve?
Insurance companies often do not want to offer a fair settlement for truck accident claims. We will discuss suing the insurance company. We are trained litigators who will argue voraciously for you in a personal injury lawsuit.
How much will you charge me?
We work on a contingency basis. You only pay if we get money for you.
Getting an insurance settlement is important if you want to move on with your life. Give us a call today.