Oftentimes, victims of a semi-truck accident want to know what kind of compensation, if any, is available to them. They wonder, “what is the average semi truck accident settlement?”
Unfortunately, there really is no “average.” Each case is unique, and the amount of compensation an injured victim can receive will depend on the individual facts of each case.
At our firm, we meet with potential clients to review their situation during a free consultation. We look at the following factors to determine how much compensation a victim can receive in a settlement.
How Much Money Has the Accident Cost You?
Someone injured in a semi-truck accident can receive money for various economic losses.
These are sums of money they paid as a result of the accident and includes:
- Medical bills. You can receive money to cover the cost of doctor’s visits, surgery, prescription drugs, rehabilitation, and assistive devices like crutches or a wheelchair.
- Lost wages. If you couldn’t work because of your injuries, you can receive money to replace those lost wages.
- Property damage. You can receive compensation to cover any repairs to your vehicle or any other property damaged in the crash.
Go through your papers and find medical bills, receipts, and pay stubs to estimate the amount you will be able to recover.
How Much Have Your Injuries Diminished Your Quality of Life?
Accident victims can also receive compensation for less tangible losses, such as:
- Physical pain brought about by bodily injuries
- Emotional distress or mental anguish
- Loss of enjoyment of life
These losses are harder to calculate. After all, how can anyone put a price tag on physical pain or the inability to engage in favorite hobbies?
Nevertheless, your semi-truck accident attorney has some techniques for estimating the amount that you can receive for these losses.
Were You Partially at Fault for Your Accident?
New Mexico law recognizes that sometimes victims are careless themselves and contribute to their own semi-truck accident. For example, you might not have used a turn signal when approaching an intersection which causes a truck to slam into you.
Under New Mexico law, you can still receive compensation if you contributed to your accident so long as the truck driver is at least 1% responsible. But the amount you receive will be reduced by your percentage of fault.
For example, if you suffered $100,000 in damages and are 50% at fault, you can only receive a maximum of $50,000. You should expect an insurance company to aggressively investigate whether you were negligent in the moments leading up to the crash and whether this negligence contributed to your injuries.
Texas uses a modified comparative fault system. This means that a person can recover damages from the other party if the other party was more than 50% responsible for the accident.
Additionally, your compensation is reduced by the percent of your fault. For example, if you were 5% responsible for the accident, then your compensation would be reduced by 5%.
Experienced Truck Accident Lawyers
Truck accidents leave victims with serious injuries, causing thousands of dollars in losses. At Fadduol, Cluff, Hardy & Conaway, we work with our clients to obtain the maximum compensation that is available. We know this area of law inside and out, which helps us advocate effectively on your behalf.
Contact us today. We ask that you schedule an initial consultation during which we can discuss your case and determine whether you have a legitimate legal claim. Please call or submit an online message.