Skip to Content
Serving the San Jose Community

Compensation for Trucking Accident Injuries: Factors That Affect Your Claim

two people discussing with logo

Trucking accidents can lead to severe injuries and financial burdens for the victims involved. If you've been injured in a trucking accident, it's essential to understand the factors that can affect your personal injury claim. This knowledge will help you navigate the legal process and ensure that you receive the compensation you deserve. In this blog post, we'll discuss the key factors that can impact your trucking accident injury claim and provide some tips on how to strengthen your case.

1. Liability and Negligence

One of the most critical factors in any personal injury claim is determining who is at fault for the accident. In trucking accident cases, multiple parties could be held liable, including the truck driver, the trucking company, or even the manufacturer of the truck or its parts. To establish liability, you'll need to prove that the at-fault party was negligent in some way, such as by violating federal trucking regulations or driving recklessly.

Some tips for proving negligence include:

  • Gathering evidence from the accident scene, such as photos and witness statements
  • Obtaining a copy of the police report
  • Working with an experienced personal injury attorney who can help you build a strong case

2. Severity of Injuries

The severity of your injuries will significantly impact the amount of compensation you can receive. More severe injuries typically require more extensive medical treatment, leading to higher medical bills and a longer recovery period. Additionally, severe injuries may result in permanent disabilities, which can affect your ability to work and your overall quality of life.

To ensure that your claim accurately reflects the severity of your injuries, it's essential to:

  • Seek immediate medical attention after the accident
  • Keep detailed records of all medical treatment received
  • Work with a qualified personal injury attorney who can help you calculate the full extent of your damages

3. Comparative Negligence

In some cases, the victim may be partially at fault for the accident. California follows a comparative negligence rule, which means that your compensation may be reduced by the percentage of fault attributed to you. For example, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%.

To minimize the impact of comparative negligence on your claim, it's crucial to:

  • Be honest about your role in the accident
  • Work with an experienced attorney who can help you present a strong case for why the other party was primarily at fault


Understanding the factors that can affect your trucking accident injury claim is vital to ensuring that you receive the compensation you deserve. By proving negligence, accurately documenting your injuries, and minimizing the impact of comparative negligence, you can strengthen your case and improve your chances of a successful outcome.

If you or a loved one has been injured in a trucking accident, the Law Offices of Caroline J. Nasseri can help. Our experienced personal injury attorneys are well-versed in the complexities of trucking accident claims and can guide you through the legal process. Contact us today to schedule a free consultation and learn more about how we can help you with your trucking accident injury claim.