What Factors Influence Texas Truck Accident Settlement Amounts?
Truck accidents can be devastating. Due to the size and weight of commercial trucks, crashes involving these vehicles almost always result in severe injuries or significant property damage. Victims in smaller vehicles often face substantial medical bills, lost wages, and other economic and non-economic damages.
At Francis Injury, our truck accident lawyers are here to help you navigate the complexities of your settlement after a truck accident. With years of experience, our team is dedicated to getting you the compensation you deserve. Contact us today for a free consultation.
Here’s what you need to know about the factors that influence a truck accident settlement:
Fault and Liability in a Truck Accident
One of the key factors in determining the value of a truck accident settlement is the degree of fault. Texas operates under a fault-based insurance system, meaning that the party responsible for causing the accident is also responsible for covering the damages.
Texas follows the modified comparative fault rule, called proportionate responsibility. If you are less than 51% at fault, you can still recover damages, but your compensation will be reduced by the percentage of your fault. For example, if you are 20% at fault, your compensation will be reduced by 20%.
Working with a Skilled Truck Accident Attorney
Having an experienced truck accident attorney can significantly impact your settlement. A lawyer will know how to gather evidence, prove damages, and negotiate with insurance companies. Without legal representation, you risk receiving far less compensation than you deserve.
An attorney will also ensure that your damages, including long-term medical care and lost wages, are accurately calculated. Furthermore, they can pressure insurance companies by preparing your case for trial, which often leads to higher settlement offers.
Damages in a Truck Accident Case
The value of your truck accident settlement depends on the severity of the damages. Typically, more severe injuries result in higher settlement amounts. Damages are categorized as economic and non-economic:
- Medical bills: Includes hospital stays, surgeries, rehabilitation, and ongoing medical care.
- Lost wages: Compensation for income lost due to the accident, as well as any reduction in earning capacity.
- Property damage: Costs related to repairing or replacing your vehicle and personal property.
- Pain and suffering: Compensation for physical pain and emotional distress.
- Loss of enjoyment of life: If your injuries prevent you from engaging in activities you once enjoyed.
In some cases, punitive damages may be awarded if gross negligence, such as drunk driving, is involved. These damages are meant to punish the at-fault party and deter future misconduct.
Insurance Coverage and Settlement Limits
The amount of insurance coverage available is another significant factor in your settlement. Trucking companies are required to carry higher insurance limits due to the potential for severe injuries and extensive property damage. However, these policies may still not cover all of your damages.
In cases involving multiple parties, such as the truck driver, the trucking company, or a third-party contractor, additional sources of insurance may be necessary to fully compensate you for your losses.
Maximizing Your Truck Accident Settlement
If you’ve been involved in a truck crash, there are several steps you can take to maximize your settlement:
- Seek medical treatment immediately. Even if you don’t feel seriously injured, seek medical attention right away. Some injuries may not be immediately apparent, and delaying treatment can hurt your claim.
- Document your injuries and expenses. Keep records of your medical bills, lost income, and other expenses related to the accident.
- Hire an experienced truck accident attorney. A lawyer can help you receive the full compensation you deserve and ensure that your rights are protected.
- Don’t accept the first settlement offer. Insurance companies often offer low initial settlements. Consult with your attorney before agreeing to any offers.
Contact a Texas Truck Accident Lawyer Today
If you’ve been involved in a truck accident, the experienced attorneys at Francis Injury are here to help. We’re committed to fighting for your rights and ensuring you receive the compensation you deserve for medical bills, lost income, and other damages.
Don’t let insurance companies control your claim. Contact us today for a free consultation, or call us at (817) 329-9001. We won’t charge you unless we win your case.