What Factors Into How Much My Truck Accident Case Is Worth?
If you have been injured in a truck accident in Dallas or Fort Worth, you have the right to seek compensation for your injuries, property damage, lost wages, and other damages. But there are various truck accident factors that will help determine the value of your truck accident claim and how much you should expect as a settlement from the insurance company.
Every Texas auto accident is unique and has its own facts and circumstances that determine potential compensation. This means that there is no standard value for truck accident claims in the Dallas–Fort Worth metroplex. The amount of compensation you receive for your truck accident claim will depend on the issue of legal liability, certain insurance-related questions, as well as other factors.
Keep in mind that the process of determining the value of a Dallas truck accident claim can be extremely complex. If you are wondering how much you can get from a semi-truck accident, you should consider hiring a truck accident attorney from Dallas to determine the value of your claim.
At The Francis Firm, our legal team will assess the specifics of your personal injury claim to help you determine a fair value of all your expenses — past, present, and future. Our legal team will evaluate the specific factors associated with your truck accident to arrive at a fair estimate of how much you can get from a semi-truck accident.
Dallas Truck Accident Settlements Always Vary
There are lots of factors that come into play after truck collisions. Every truck wreck that happens in Dallas or Fort Worth is different, depending on the circumstances surrounding the incident. For this reason, there is no definite average settlement for truck accident claims.
Even though there isn't a clear-cut average figure for these types of claims, our Dallas truck accident lawyers can assess the facts surrounding your truck accident and evaluate your damages to arrive at an estimate of your claim's worth. This will give you a rough idea of how much you should expect when seeking a fair truck accident settlement.
Truck Accident Factors That May Affect Your Claim
Although no lawyer can completely guarantee the outcome of your Dallas or Fort Worth truck accident case or the exact compensation for financial damages, a knowledgeable semi-truck accident attorney can realistically estimate your claim's potential value.
When you schedule your case review with an experienced lawyer, they'll examine critical truck accident factors to determine how much you can get from a semi-truck accident. Here are some of the factors that may affect your truck accident settlement.
Fault and Liability
Fault plays a critical role when determining if and how much you can get from a semi-truck accident claim. Texas is an at-fault state, implying the negligent party responsible for your big rig crash is liable for all damages. Simply put, Texas insurance laws require the driver responsible for the truck accident to pay for your injury expenses and any other accident-related costs.
In most Dallas truck accident cases, the trucker is primarily at fault and liable for damages. Nonetheless, you — the plaintiff — and your truck wreck attorney bear the burden of proving fault to receive financial compensation from their insurance provider. For example, if a trucker operates their vehicle under the influence of alcohol, they may be liable for damages after an accident. In Texas, commercial drivers are considered intoxicated if their blood alcohol concentration (BAC) is .04% or higher.
It's important to note that there are instances where more than one party may be at fault for your truck accident. Other liable third parties may include:
- The trucking company
- The maintenance company
- Part manufacturers
- Truck loaders
Take into account that Texas is a modified comparative negligence jurisdiction, implying the court will assign all parties involved in the crash percentages of blame. If your fault for the truck accident is greater than 50%, you may not recover compensation.
Severity of Your Injuries
Truck accident injuries are often serious, catastrophic, and even life-threatening. You and your truck wreck lawyer must consider the extent and severity of your injuries and how they'll affect your life when determining how much your accident claim is worth.
Typically, the more severe your injuries, the larger the settlement or verdict amount. For example, if you are unable to do certain things due to your traumatic brain injury, you are likely to receive a higher settlement than if you sustained minor flesh wounds and recovered quickly.
Medical Care Expenses
If you have been hurt in a Dallas truck accident, you should seek medical care as soon as possible — if not immediately. Even if you believe you are okay, it's best to visit your doctor for them to make that determination. Your health and well-being should be your first priority after an accident.
To determine the value of your medical costs, you should keep a record of all treatment procedures and bills associated with the truck accident. Your financial compensation may cover past, present, and future medical care expenses, including:
- Doctor bills
- Hospital bills
- Hospitalization
- Rehabilitation
- Emergency medical services
- Prescription medications
- Travel expenses for doctor appointments
Other Truck Accident Damages
Medical care expenses aren't the only damages that may affect the value of your Dallas truck accident claim. You may be entitled to economic and non-economic damages that may increase the settlement amount you receive. Property damages, pain and suffering, and lost wages are some of the damages that may boost the value of your claim.
Amount of Insurance Coverage
Insurance policy limits play a critical role when evaluating how much you can get from a semi-truck accident in the Dallas–Fort Worth metroplex. The reality is that insurers for the trucking company and the trucker won't cover any compensation that exceeds their liability coverage limit. You'll likely receive more financial compensation if the trucker has substantial coverage that covers all your damages.
Your Statements About the Truck Accident
Whatever you say after a truck collision may have a significant impact on your personal injury claim. This is particularly true if you are speaking to other drivers at the scene. It may also apply if you are on the phone with a claims adjuster.
Here's what you should keep in mind when speaking to other parties after a truck wreck:
- Never say you are "good," "okay," or "fine"
- Never say anything that may be construed as an admission of fault
- Never agree to a written or recorded statement regarding your version of events
What About Punitive Damages?
In rare cases, you may be eligible for punitive damages after a truck accident in Dallas, TX. Civil courts award these damages when the at-fault driver's actions or omissions are considered egregious in nature. They are also awarded in cases of malice or intentional harm.
To receive punitive damages in Dallas, your lawyer must gather and analyze evidence to prove gross negligence. Your lawyer may talk to witnesses, analyze police reports and medical records, look into accident scene photos, and work with accident reconstruction experts to prove gross negligence. These damages may also affect how much you receive after a truck wreck in Dallas or Fort Worth.
Find Out How Truck Accident Factors Affect Your Claim Today
When calculating the value of your claim, each of the above factors will be considered. You should note that the insurance company will likely propose a lowball offer that doesn't cover all your damages. Whatever the case, never settle for the first offer from an insurance company. The Francis Firm knows how to evaluate and settle truck accident claims in Dallas, Fort Worth, and all over Texas. Our goal is to get you maximum compensation for your damages. Contact us today to schedule your free, no-risk consultation with our reliable semi-accident attorneys. You won't pay anything unless we secure compensation on your behalf.