Injuries in a large commercial truck accident tend to be severe or catastrophic.
Even a seemingly minor impact can have deadly results due to the size and weight difference between these tractor-trailer trucks and passenger vehicles. When it comes to resolving these cases, 18 wheeler accident settlements in Texas vary significantly.
Understandably, prospective clients want to know the average semi-truck accident settlement so they know their potential compensation. However, it would be best to speak with a skilled Texas truck accident lawyer to determine the value of your claim.
When you retain a lawyer at Fadduol, Cluff, Hardy & Conaway P.C., we will review the facts and tell you what we believe your case to be worth.
We have over 30 years of experience handling severe and catastrophic personal injury cases, including 18 wheeler accident settlements in Texas.
What Is the Average Settlement for an 18 Wheeler Accident?
When you understand the factors that make up the value of your case, it will become apparent why there is no average payout for a semi-truck accident. No two accidents are alike. Even collisions with similar circumstances and injuries can resolve for entirely different amounts.
When evaluating your potential case value, insurance companies look at factors such as your injuries, liability, overall damages, amount of insurance coverage, etc.
Type and Severity of Injuries in a Texas 18 Wheeler Accident
One of the most important factors that Impact 18 wheeler lawsuit settlements is your injuries. What type of injuries did you sustain, and how severe are they?
Cases where a victim sustained permanent injuries with a lifelong disability will typically have a higher value than one involving an injury that healed after several months.
Determining Liability in a Semi-Truck Accident
Liability is also one of the most significant determinants for Texas semi-truck accident settlements. Liability can dramatically change the value of two cases with similar circumstances and injuries.
Texas is a modified comparative negligence state. That means you could still collect a portion of your damages even if you are partially at fault for the collision, but only up to a certain amount.
The threshold is 51%. If you are less than 51% at fault for the accident, you can collect compensation. However, you collect only a percentage of your damages based on your share of fault. If a jury finds you 20% at fault, you could collect 80% of your damages.
If your liability exceeds 50%, then you are barred from recovery. If a jury finds you 60% at fault, for example, you will collect nothing, and the other driver could collect 60% of their damages from your insurance company instead.
Evaluating liability in a semi-truck accident is not necessarily straightforward either. Special rules and laws regulate these commercial trucks. You need a lawyer on your side who understands both the state and federal regulations.
If any potential defects contributed to the accident, you could have a case against multiple parties in a Texas 18 wheeler accident, including the driver, their employer, and maybe the manufacturer.
Commercial truck drivers are allowed to drive only a certain number of hours per day. Some trucking companies force drivers to exceed the allotted hours or encourage drivers to falsify their logs. These are serious infringements that could include criminal charges.
In other accidents, it’s not uncommon for trucking companies to forgo required safety inspections. An improperly loaded truck or underinflated tire can cause a deadly collision involving multiple vehicles.
Total Amount of Damages
The amount of your financial losses is the basis for the amount you ask for in a semi-truck accident settlement demand in Texas. If you have severe injuries, you will likely have more medical expenses, higher property damage, more lost wages, etc. You may need future medical treatment or be permanently disabled.
Other intangible losses get factored in here as well. Your pain and suffering, mental anguish, loss of consortium, and more make up your general damages. These are subjective and can make up the bulk of a semi-truck accident settlement in some cases.
In limited situations, you might be eligible to receive an award for punitive damages. These damages are reserved for cases where the defendant’s actions were intentional or grossly negligent. One example might be if the truck driver was under the influence of alcohol at the time of the collision.
Amount of Available Coverage in 18 Wheeler Lawsuit Settlements
Even if a jury awards you millions of dollars in compensation, it doesn’t necessarily mean you will receive that amount. Your potential settlement also hinges on how much available coverage there is.
In relatively minor cases, this is not necessarily problematic. However, when discussing permanent disfigurement and lifelong care, these high-value cases may well exceed the available insurance limits.
Your only other possible avenue of recovery would be to sue the driver or trucking company directly. If they do not have any assets, it’s not worth the effort, as you won’t increase your settlement.
The Importance of Working with a Skilled Texas Semi-Truck Accident Lawyer
Choosing the right attorney to handle your Texas semi-truck accident case is crucial. You need a lawyer who understands the laws and is not afraid to go against big companies and high-paid defense lawyers.
These are often very technical cases, especially if they go into litigation. You need a firm with the resources and trial skills to pursue the maximum compensation for 18 wheeler accident settlements in Texas.
If you or someone you love sustained injuries or passed away from injuries in an 18-wheeler accident, let Faddoul, Cluff, Hardy, & Conaway, P.C. help. We have the skills, experience, and necessary financial resources to take a severe semi-truck accident case to trial.
The sooner you retain our firm, the sooner we can start building your case. We will conduct a thorough independent investigation and preserve all available evidence.
If necessary, we can hire well-respected experts who can testify on your medical condition, accident liability, the cost of lifetime care, and more.
Our top priority is protecting your rights and fighting for the compensation you deserve. Let us put our decades of experience to work for you.