You may be wondering, what is the average amount for an 18-wheeler accident settlement? Well, the fact is that there is no average amount to be found for truck accident settlements since there are so many variables (as indicated below). Suffice it to say that the extent of damages depends on two main things: 1) How much the truck driver was at fault and 2) How badly the victim was injured. If you put these two together, you have a case ranging anywhere from no damages being awarded at all to up to an amount of $100 million plus in a case of the most severe injuries and damage for the victim coupled with an extremely negligent and reckless truck driver. The bottom line is that no two cases are the same, and an average truck accident settlement amount would most likely be of little value to know.
However, if you’re still interested in finding out what the value of your truck accident might be, there are some ways to get an idea of what the settlement may result in. Also, we’ll explore some past truck accident settlements to help give you an idea of what amounts have actually been settled with trucking companies and truck drivers.
18-Wheeler Truck Accidents
The roads are dangerous, especially when you’re sharing them with big 18-wheeler semi trucks. We’ve all had a “close call” with an 18-wheeler truck and know just how scary it can be. But, some of us do end up in an accident with an 18-wheeler, regardless of how hard we might try not to. Unlike a car wreck, an 18-wheeler accident is usually much more serious. The sheer size and weight of a semi-truck means that the damages are much greater. Not only can an accident with a big rig truck cause total destruction of your vehicle, but it can also result in life-changing injuries and even death.
18-Wheeler Truck Accident Attorney
The only thing that stands between you and an 18-wheeler truck after an accident is an 18-wheeler truck accident lawyer. A good truck accident lawyer can help you get the settlement you deserve. But, the question remains, just how much can you get from an 18-wheeler accident settlement?
If you’d like to speak directly to a truck accident attorney to find out what your truck accident might be worth, contact one of our attorneys by calling (713) 999-6666 or contact us online.
How Much Will an 18-Wheeler Truck Accident Settlement Be?
In general, an 18-wheeler truck accident settlement is going to be much larger than almost any other motor vehicle injury. Some truck accident settlements may only settle for tens of thousands up to hundreds of thousands. However, many of these settlements may run into the tens of millions of dollars, sometimes more.
Some recent accidents may help shed more light on the situation. Although not an 18-wheeler, a recent accident with a tow truck in East Brunswick, New Jersey resulted in a settlement of $1.5 million. A victim of a truck accident in northeastern Pennsylvania was awarded a settlement of $26 million. One Texas man was awarded one of the largest settlements ever after an accident with an 18-wheeler truck for $140 million.
In the end, the amount varies depending upon several important factors. These factors include the severity of the injuries, medical expenses after the truck accident, if the victim’s normal life is severely altered following the accident, the pain and suffering of the victim, and how bad the accident destroyed the victim’s property (severity of the damage to the motor vehicle). The settlement also depends on the amount of negligence on the part of the truck driver. If the driver wasn’t paying attention, if he was driving recklessly, if he was not obeying the laws, etc., then the driver will be held more responsible for the accident.
How is Fault Determined After a Truck Accident?
Although this can vary by state, in Texas, fault is determined by looking at what extent you were responsible for the accident vs. how responsible the truck driver was for the accident. If it is determined that you are more than 50% responsible for the accident, the truck driver will not be held liable for the accident. However, anywhere above this percentage, the truck driver is at fault for the accident. The closer the driver is to 100%, the more he is at fault for the accident and the greater the driver will be held liable (aka the higher the truck accident settlement).
How Are Damages Determined After a Truck Accident?
Damages are determined by several factors after a truck accident. If you were injured in a truck accident, here are the types of damages you can receive compensation for:
- Physical Injury: The extent to which you suffered physical injuries can determine the damages you receive. Your physical injuries must be confirmed by a medical expert, such as a doctor, who can determine the exact nature of your injuries as well as their extent. Some situations may even require an independent medical examination to determine the extent of your injuries by a third party, especially in the case of a disagreement. In the end, the medical evidence presented (both by experts and by physical evidence) will determine the extent of the injury.
- Medical Cost: Your medical bills and expenses will also be factored into the amount you can recover after a trucking accident. These expenses must be related to the trucking accident and not due to some type of prior injury or injury subsequent to the accident. The expenses must also be deemed to be necessary expenses and not expenses that were medically unnecessary.
- Pain and Suffering: Pain and suffering are usually limited in some states. For instance, in Texas, the limit for pain and suffering is $250,000. Pain and suffering are determined by the extent of mental anguish you experienced, limitations of physical activities (especially ones you once enjoyed but cannot do anymore), the extent of disfigurement, loss of consortium (aka loss of companionship), and/or loss of a loved one.
- Lost Income: If you were out of work because of your injury, any lost wages that you had can also be factored into the damages incurred from the trucking accident. This includes the amount of time it took you to recover after the accident as well as any missed work related to medical appointments or treatments following the trucking accident. Evidence must be provided for any lost wages.
- Future Income: If your accident caused you in some way to lose future earnings, perhaps due to a permanent loss of movement or even a brain injury due to the truck accident, you will be compensated for this lost earning potential. Even if you plan to return to work and cannot perform the same job in the same manner, resulting in a loss of income, you can be compensated for this. Whatever plans you had for the future can even be taken into consideration if they can be proved and estimated.
Talk to an 18-Wheeler Truck Accident Lawyer Today
If you or a loved one has been in an accident with a truck in Texas, you may want to talk to an experienced 18-wheeler accident attorney to assess the extent of your damages. Our truck accident attorneys will offer you a FREE case evaluation and help you understand exactly how damages are determined in your truck accident case. If you’d like to speak to an attorney at Patrick Daniel Law, call us at (713) 999-6666 or contact us online.