If you were hit by a commercial truck in Texas and suffered injuries, you likely have many questions. One of the most common questions truck accident victims ask is, "What is the average settlement for an 18-wheeler accident?"
The truth is, there is no "average" settlement for 18-wheeler accidents in Texas. Settlements vary greatly depending on the specific circumstances of each case, such as the severity of injuries, property damage, and the level of negligence involved.
While some factors may be beyond your control, there are steps you can take to maximize your compensation. Here’s what you need to know about truck accident settlements and how you can strengthen your case.
Factors That Affect Truck Accident Settlements
Commercial trucks, including 18-wheelers, tow trucks, tankers, and other large vehicles, pose significant risks on the road. While there isn’t a fixed amount for settlements, certain factors can influence the value of your claim.
Circumstances of the Accident
The truck driver's behavior often plays a crucial role in determining liability. Examples of negligent conduct include:
- Driving while distracted or fatigued;
- Poorly secured cargo;
- Mechanical failures due to lack of maintenance;
- Traffic violations or reckless driving.
Liability can also extend to other parties, such as the truck's manufacturer (in cases of defective parts) or the trucking company (for poor driver training or enforcing unrealistic schedules).
Percentage of Fault
Texas operates under a modified comparative negligence rule. This means that if you share fault for the accident, your compensation may be reduced in proportion to your level of fault. However, you cannot recover damages if you are found more than 50% at fault.
For instance, if you are found 10% at fault for texting while driving and the truck driver is 90% at fault, you can recover 90% of your damages. This highlights the importance of presenting strong evidence to minimize your percentage of fault.
The Severity of the Injuries
The extent of your injuries significantly impacts the settlement amount. 18-wheeler accidents often result in catastrophic injuries such as traumatic brain injuries, spinal cord injuries, or multiple fractures. The cost of medical care, including surgeries, rehabilitation, and ongoing treatments, plays a major role in determining the compensation amount.
Documenting your medical expenses thoroughly and projecting future costs is essential for building a strong case.
Value of Property Damage
Due to the size and weight of commercial trucks, passenger vehicles often suffer extensive damage in collisions. If your vehicle is declared totaled, compensation will cover its market value. It’s important to obtain multiple repair estimates and maintain records to strengthen your claim.
Non-Economic Damages
In addition to economic damages, you may be entitled to non-economic damages, which include:
- Pain and suffering;
- Emotional distress;
- Loss of companionship or quality of life;
- Scarring or disfigurement.
These damages are harder to quantify but are equally important in ensuring fair compensation.
How to Maximize Your Compensation
Maximizing your settlement requires strategic action and meticulous preparation. Here’s how you can strengthen your case:
Hire an Experienced Attorney
An experienced truck accident lawyer can navigate the complexities of your case, from gathering evidence to negotiating with insurance companies. With their help, you can focus on recovery while they fight for the maximum compensation you deserve.
Document Everything
Keep detailed records of medical expenses, lost wages, and other accident-related costs. Photographs of the accident scene, witness statements, and police reports can serve as crucial evidence in proving your claim.
Avoid Settling Too Soon
Insurance companies may offer quick settlements to minimize their payouts. Consult with your attorney before accepting any offer to ensure it adequately covers your damages.
Contact The Francis Firm
If you or a loved one has been injured in an 18-wheeler accident, the experienced attorneys at the Francis Firm can help. We bring decades of experience to fight for justice and fair compensation for our clients.
Contact us today for a free consultation. Let us put our expertise to work for you.