Truck accidents are unfortunately commonplace. In 2017, 4,889 large trucks and buses were involved in fatal crashes according to the Federal Motor Carrier Safety Administration. Trucks can cause severe property damage, injuries, and fatalities.
According to the National Highway Traffic Safety Administration, 72% of people killed in large truck crashes in 2017 were occupants of the other vehicle. Every case is different, and it takes time to determine how much you should settle for after a truck accident.
There is no set amount that someone should settle on. It depends on the at-fault parties, extent of damages, and more. Truck accidents are more complicated than the average auto accident.
It is understandable to feel distressed in the days and weeks following a truck accident. A victim of such an impactful accident is likely to be anxiously seeking justice and compensation. There is a lot to consider and navigate after a truck accident for you to obtain the financial award you deserve.
Factors to Consider When Settling a Truck Accident Case
If you suffered injuries in a truck accident that you believe happened due to the driver’s negligence, you may be entitled to compensation. You will want to file a personal injury claim with the truck driver’s insurance company immediately. This may not be the only insurance company involved in the situation. The number of insurance companies you deal with is the first factor.
Insurance Companies Can Complicate Settlement Proceedings
A truck accident lawyer can help with the insurance aspect of your case as a legal professional knows how to negotiate with an insurance company. Insurance companies are not known to have a personal injury victim’s best interests in mind and use tactics such as denying liability to avoid awarding someone a reasonable settlement.
Many people will accept a lower settlement than they deserve because they want compensation as soon as possible to move forward. If the insurance adjuster for the truck company refuses to offer a fair settlement, a lawyer can litigate the case to pursue a higher settlement.
Third parties, such as the truck manufacturer who likely also have insurance, can get involved and complicate your claim or lawsuit, in an attempt to lower your settlement award.
Common Types of Economic and Non-Economic Damages in Settlements
A significant part of determining how much compensation you are eligible for is reviewing and evaluating the damages you endured. Below is a list of common damages in a truck accident:
- Medical expenses
- Pain and suffering and inconvenience
- Temporary and permanent disability
- Loss of limbs
- Emotional and physical therapy
- Lost wages
- Loss of earning capacity
- Lifecare costs
- Property damage
- Funeral and burial expenses (if you lost a loved one to a truck accident)
- Loss of companionship
- Loss of guidance
If you have a serious medical condition due to the accident, it is imperative to acknowledge that your condition may not improve for months. It is ideal to wait until you are in better shape and no longer receiving treatment before totaling your medical care costs. If you decide to make an estimate prematurely, you will not be compensated for any out-of-pocket expenses you pay after doing so, and you will receive a lower settlement than you are entitled to.
Determining the Liable Parties in a Trucking Accident
After a truck accident, whether the driver was fatigued, another car cut them off, or there was a loading or cargo error, multiple parties can be included. When you deal with the truck driver, you are also dealing with the trucking company as they are responsible for their actions or inaction.
If there was a defective part that caused the accident, you may be up against the truck manufacturer’s team. The amount of financial recovery you receive will depend on how many parties played a part in the accident and the percentages of fault each party is responsible for.
How much you should settle for after a truck accident depends on the factors above. No amount of compensation can take away the trauma a truck accident can cause for a motorist and their family, but it can reduce the financial burden you are experiencing.
Contact George Sink, P.A. Injury Lawyers to Learn More
Our truck accident lawyers understand how complex truck accidents can be and are ready to fight for you. We can handle taking on multiple parties and will build a strong case using evidence and our understanding of the law.
We offer free consultations, and we work on a contingency fee basis, so you pay no upfront costs. If we win your case, we will then take a fee from your settlement. You should only have to focus on healing. We will handle every aspect of your case.
Call George Sink, P.A. Injury Lawyers or fill out our online form today to speak with a member of our team.