What is the average semi truck accident settlement?
If you’ve been injured in a semi truck accident, then you may be wondering whether you have a legal case for damages, and also what the “average semi truck accident settlement” is so that you can evaluate what sort of compensation you should be satisfied with.
The average semi truck accident settlement can vary significantly due to various factors and considerations, such as the complexity of determining liability, the substantial economic impact including medical bills, funeral expenses, property damage, and loss of income. As you explore the basics of truck accident disputes, it’s worth exploring the possibility of working with an experienced truck accident lawyer, too. They can help you at every stage of litigation, from start-to-finish.
That being said, if you’d like to learn more about the average semi truck accident settlement and various other aspects of semi truck accident settlements before contacting an attorney, we encourage you to read on! We’ll cover some of the foundational aspects that you need to know.
Why are trucking accidents a serious issue?
Trucking accidents are a “serious issue” because large trucks (i.e., 18 wheelers, semi trucks, large delivery vans, etc.) expose others to unique dangers. Truck accident victim injuries tend to be rather severe, and common. Dangerous elements include the following:
- Large trucks tend to be heavy. This weight makes them less agile and less maneuverable overall, which can lead to a higher frequency of accidents. It also increases the impact force of a collision when an accident does occur — this can lead to much more severe injury (or even fatalities).
- Large trucks have challenging sight lines. Due to the size of the vehicle, it can be quite difficult for a trucker to manage a comprehensive view of the roadway around him — which can contribute to accidents, especially since other drivers often don’t feel comfortable maneuvering around 18 wheelers.
- Trucking company work schedules can be grueling, and the incentives can encourage truckers to engage in unsafe behavior. Truck drivers often use stimulants and various drugs to keep up with their work schedules. They may also push themselves too hard, becoming fatigued on the road. This can easily lead to more serious truck collision accidents — both in terms of frequency and severe injuries.
Who can I sue in a truck accident lawsuit?
In a truck accident lawsuit, you can potentially sue:
- The other driver (i.e., the truck driver who hit you)
- Any other drivers who contributed to the accident
- The trucking company that employed the truck driver
- Any other companies who were involved in the employment chain-of-command
- Any manufacturers whose parts defects contributed to the accident
- Any auto repair shop whose failure to properly inspect, maintain, and fix a vehicle contributed to the accident
- The City, if some dangerous condition of their property contributed to the accident
- Any private property owner whose dangerous condition of property contributed to the accident
- And more
Phew! That’s a lot of potential defendants, depending on the circumstances of your case.
That being said, it can be useful to sue multiple defendants, as it’s strategically beneficial when you believe that a defendant may not have the insurance coverage necessary to pay out your damages in full. For example, a truck driver might not have sufficient personal insurance coverage. But the trucking company that employs him will very likely have sufficient liability insurance coverage to pay you out in full. Accessing “deep pockets” is an important strategy in personal injury litigation.
How much will you get paid if an 18 wheeler hits you?
The amount you can potentially get paid — your compensation — depends on the claimable losses that you suffered as a result of the semi truck accident. These claimable losses include, but are not limited to:
- Lost wages
- Loss of earning capacity
- Loss of property
- Loss of companionship
- Loss of enjoyment of life
- Medical expenses (i.e., comprehensive medical bills for whatever medical treatment you needed post-accident)
- Pain and suffering (i.e., the subjective physical, emotional, and psychological harm you experienced during and after the accident)
The average truck accident settlement can vary widely due to the various factors and considerations that impact the compensation awarded to victims, such as medical bills, funeral expenses, property damage, and loss of income.
Compensation can vary substantially from case-to-case, even when the truck accident case itself is very similar. That’s because the compensation you’re owed is based on the particular losses that you suffered — each person and their circumstances are unique, thus creating a different set of losses.
For example, suppose that you’re injured in an 18 wheeler truck accident. In scenario A, you are unemployed at the time of the accident — you’d therefore have a zero dollar (or close to zero) lost wages claim. In scenario B, you are gainfully employed at a high-paying job at the time of the accident, and are forced to take half a year off from work to recover from your injuries — you’d therefore have a rather substantial lost wages claim. The difference could be in the tens of thousands of dollars, or more!
Given the variation, it’s important to consult an experienced personal injury lawyer who can help you “work up” your case to its maximum potential damages amount. Truck accidents can lead to complex disputes, so it’s sensible to talk to an attorney about the possibilities.
Why do most truck accident disputes end in a settlement?
Most truck accident disputes (like other personal injury and accident disputes) end in a settlement compromise because trial litigation comes with a lot of challenges that are best avoided by most parties.
Trial litigation can be:
- Resource-intensive
- Uncertain
- Public
- Distracting
- And more
For example, suppose that you’re suing a local trucking company after you’ve suffered injuries in an accident involving one of their truck drivers. The trucking company defendant may want to avoid litigation, as it is a public affair that can be reported on by the media. If the story gets widely reported, their brand and reputation could be damaged, and they could face long-term business-related repercussions.
On your side, you may want to avoid the inherent uncertainty of trial litigation — even if you have a strong case, there’s always a chance that the court doesn’t award you a “win,” or that they award you less compensation than you would have ideally wanted.
Thus, you both have an incentive to resolve the dispute through an early settlement. You get to avoid the uncertainty of trial, and the trucking company gets to avoid the damaging impact of a public dispute over truck accidents and safety issues.
How much is the average accident settlement?
It doesn’t serve anyone to talk about the average truck accident settlement. That’s because every case — the circumstances and the parties — are different. Factors that can influence your settlement offer include:
- The hostility of the defendant to reaching an amicable compromise
- The willingness of the defendant to face public scrutiny over the dispute
- The strength (legal argument/evidence) of the liability claims
- The strength (legal argument/evidence) of the damages claims
- How likable you are as an injury victim plaintiff
- How authoritative your expert witnesses are
- How trustworthy your eyewitnesses are
- And more
Given these (and other) factors, there’s really no point in obsessing over what the “average truck accident settlement” is. Whatever the average settlement is, it will not apply to your case, nor should it serve as a barometer of success for your truck accident claim. In reality, you’ll have to evaluate the facts and particularities of your truck accident case with your attorney, who can then help you understand what sort of truck accident settlements fairly account for the likelihood of success were your case to proceed all the way to trial.
How much do lawyers take from a semi truck accident settlement?
Depending on the phase of the personal injury lawsuit (when the settlement compromise is finalized) — and how much of a percentage cut has been negotiated with the attorney before the start of representation — most plaintiffs’-side truck accident lawyers will take between a 25 percent to 40 percent cut of the compensation they secure on your behalf (here, the settlement amount).
How do I know whether I can afford to hire a truck accident lawyer to help me with my case?
Regardless of your financial circumstances, you absolutely can afford to hire a truck accident attorney to represent you in your semi truck accident dispute. That’s because most truck accident attorneys work on a contingency fee basis — in other words, you don’t pay anything upfront or out-of-pocket.
It costs you literally nothing unless and until they secure compensation on your behalf, at which point they will take a percentage cut of your compensation payout, whether that’s through a claim submitted to the insurance company or through litigation. If you don’t get paid, then you don’t pay them anything. That means you always walk away with “at least” the same amount of money that you started with.
Contingency fees not only lower the barrier-to-entry for securing personal injury legal representation — they also incentivize personal injury lawyers to work to efficiently and effectively maximize your compensation. That’s because they get paid only if you win, and further, they get paid more if you get paid more.
It’s a win-win.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in a semi truck accident, then you could be entitled to sue for compensation under the law. Navigating the legal process can be challenging and confusing for many first-time plaintiffs, however, especially since a truck accident lawsuit may involve many unique dynamics as compared to a “standard” motor vehicle accident dispute. That’s why it’s so important to work with experienced truck accident lawyers who understand semi truck accidents litigation and how best to secure compensation in that context.
Contact 1-800-THE-LAW2 for a free legal consultation with a qualified truck accident attorney in our network. During this initial consultation, you’ll have the opportunity to discuss your case in detail and to learn more about what strategic options are available to you. Of course, if you decide against moving forward, that’s okay, too — there’s no obligation to continue. So pick up the phone and call us today to get started!
We look forward to assisting you.
