Trucks are now an essential part of the freight and transport industry. However, what most people don’t realise is that they can lead to a legal claim in case of a car accident or with other vehicles on the road.
As per statistics, 5,788 people killed and an estimated 154,993 people injured in traffic crashes involving large trucks. This means if you are on the road, you could be seeking truck accident compensation before you know it.
What a Truck Accident Could Actually Mean?
Truck accidents are among the most devastating types of collisions on the road. Whether it’s a semi-truck accident or another type of commercial vehicle accident, these incidents often result in severe injuries, extensive property damage, and sometimes even fatal injuries.
For injured victims, pursuing a truck accident settlement is essential to recover compensation for medical bills, lost wages, and other damages.
However, understanding the average settlement amount in truck accident cases can be challenging. Each case is unique, and settlement amounts vary based on several factors, including the severity of injuries, determining liability, and the number of parties involved.
This guide provides a detailed overview of the truck accident settlement process, factors affecting settlements, and how a truck accident attorney can help you secure the compensation you deserve.
Understanding Truck Accidents
Accidents involving large trucks like semi-trucks and big rig trucks are different from regular car accidents. The sheer size and weight of these commercial vehicles mean that even minor collisions can lead to serious injuries or extensive property damage.
Common Causes of Truck Accidents
Truck accidents can happen for many reasons, which can determine the complexity and overall effectiveness of the compensation. If you want to sue a trucking company for an accident caused by their driver, you should know the common causes, which include:
- Driver Error: Fatigue, distraction, or impaired driving by truck drivers.
- Equipment Failure: Issues like brake failure or tire blowouts.
- Adverse Weather Conditions: Slippery roads or poor visibility, or accidents due to bad weather.
- Improper Loading: Overloaded or improperly secured cargo.
When such incidents occur, the legal and financial implications can be overwhelming for the injured party.
Factors That Impact Truck Accident Settlements
The amount you receive in a truck accident settlement depends on several factors:
1. Severity of Injuries
Serious injuries like neck injuries, spinal cord damage, or traumatic brain injuries significantly increase the settlement amount. Minor injuries may result in smaller settlements, while fatal injuries can lead to wrongful death claims, which often result in much higher payouts.
2. Extent of Property Damage
Truck accidents often result in extensive property damage, which includes the repair or replacement costs of your vehicle and any personal property inside.
3. Liability Determination
Determining who is at fault is crucial. Multiple parties, including the truck driver, the trucking company, or even the vehicle manufacturer, may share liability.
Partially responsible victims may still recover compensation under comparative negligence laws, but their settlement could be reduced based on their level of fault.
4. Types of Damages
Settlements often include:
- Economic Damages: Compensation for medical bills, lost wages, and property damage.
- Non-Economic Damages: Payment for pain and suffering, emotional distress, and loss of enjoyment of life.
5. Insurance Coverage and Policies
The insurance coverage held by the trucking companies and their drivers plays a major role in determining the final settlement. Commercial policies often have higher limits than personal auto policies, leading to potentially larger settlements.
Average Truck Accident Settlement Amounts
Determining an exact average truck accident settlement can be difficult, as every case is unique. However, some general figures provide a rough idea:
- According to Coverwhale, average settlement amounts for semi-truck accidents range from $185,000 to $650,000.
- Cases involving minor injuries or less severe property damage often result in settlements of tens of thousands of dollars.
- High-profile cases in large cities, such as New York, have seen settlements exceed $2 million, especially in incidents involving fatal injuries or wrongful death claims.
It’s important to note that these figures represent general trends. The actual settlement amounts in your case will depend on its specific circumstances.
Proving Fault in a Truck Accident
Establishing fault is critical in any truck accident case. Under Nevada’s comparative negligence laws, even if you’re partially at fault, you may still be eligible to recover compensation.
Key Evidence to Prove Fault
- Police Report: A crucial document outlining the details of the accident.
- Medical Records: Evidence of your medical treatment and the extent of your injuries.
- Accident Scene Documentation: Photos and videos of the crash site, vehicle damage, and road conditions.
- Witness Statements: Testimonies from those who saw the accident unfold.
An experienced attorney will gather and present this evidence to strengthen your truck accident claim and secure a fair settlement.
The Role of a Truck Accident Lawyer
Working with a truck accident lawyer can greatly enhance your chances of obtaining fair compensation. These legal professionals specialize in handling the complexities of truck accident cases and have a deep understanding of how to navigate the legal process.
Why You Need Legal Representation
- Determining Liability: A lawyer will identify all parties involved, including the trucking company, truck driver, and other potentially liable entities.
- Negotiating with Insurance Adjusters: Insurance companies often attempt to minimize payouts. Your lawyer will negotiate aggressively to ensure you receive a fair settlement.
- Filing a Personal Injury Lawsuit: If a settlement cannot be reached, your personal injury lawyer can take your case to court.
Having an experienced attorney by your side can make the difference between a lowball offer and a settlement that truly reflects the extent of your damages.
Maximizing Your Truck Accident Settlement
To maximize your settlement, consider the following steps:
1. Consult a Truck Accident Lawyer Immediately
Seek legal advice as soon as possible. Many law firms offer a free consultation, allowing you to discuss your case without any obligation.
2. Follow Your Medical Treatment Plan
Adhere to your doctor’s recommendations and keep detailed records of all medical expenses and treatments. This documentation will be vital when calculating your total medical bills.
3. Avoid Speaking Directly with Insurance Adjusters
Let your truck accident attorney handle all communications with the insurance company. This minimizes the risk of accidentally saying something that could undermine your claim.
4. Document Everything
Keep records of all expenses, including lost wages, transportation costs for medical visits, and any out-of-pocket expenses related to the accident.
5. Be Cautious on Social Media
Avoid posting anything about your accident or injuries on social media. Insurance adjusters may use your posts to argue that your injuries are less severe than claimed.
The Truck Accident Claims Process
Filing the Claim
The claims process typically begins with filing a claim against the trucking company’s insurance. This includes submitting all necessary evidence, such as medical records, police reports, and proof of property damage.
Investigation
The insurance adjusters will investigate the claim, assessing the extent of the damages and liability.
Settlement Offer and Negotiation
You may receive an initial settlement offer, which is often lower than the case’s actual value. Your truck accident lawyer will negotiate for a higher amount, ensuring that all damages, including non-economic damages, are considered.
Litigation (If Necessary)
If a fair settlement cannot be reached, your lawyer may file a truck accident lawsuit. While this extends the timeline, it may result in a more favorable outcome.
How Long Does It Take to Settle a Truck Accident Case?
The timeline for resolving truck accident claims varies based on several factors, including the complexity of the case and the willingness of the parties to cooperate.
- Clear Liability Cases: These can settle within a few months.
- Disputed or Complex Cases: Cases involving multiple parties or severe injuries may take over a year to resolve.
While the process may feel lengthy, working with a dedicated attorney ensures that every aspect of your case is thoroughly evaluated, maximizing your chances of receiving the compensation you deserve.
Next Steps After a Truck Accident
If you’ve been injured in a commercial truck accident, it’s essential to act quickly to protect your rights and build a strong case.
Immediate Steps:
- Seek Medical Attention:
- Prioritize your health and obtain necessary medical treatment.
- Document the Accident Scene:
- Take photos, gather witness information, and obtain a copy of the police report.
- Contact a Truck Accident Lawyer:
- Schedule a free consultation to discuss your case and determine the best course of action.
Get Bourassa Law Group On Your Side!
Recovering from a truck accident can be a long and challenging journey. From medical expenses to emotional distress, the impact on your life can be overwhelming. Pursuing a truck accident settlement offers a path to recovery, providing the financial support needed to cover your losses.
Understanding the factors that influence average truck accident settlements and working with an experienced truck accident attorney are key to achieving the best possible outcome. Don’t settle for less than you deserve.
If you don’t know where to begin or seek help, know that we are here for you. Our professionals at Boruassa Law Group are always here to help you and can get your commercial truck accidents sorted and get the best compensation in case of a serious injury or an accident involving a truck crash.
Let our personal injury lawyer do the job and get coverage for your total medical expenses. Contact Bourassa Law Group today for a free consultation and take the first step toward securing the fair compensation you need to move forward.
1-800-870-8910