There is no “average” settlement for a truck accident case in Texas. The settlements won for these collisions vary considerably, making any type of average or median number a poor indication of what your specific claim could be worth. Rather than looking at average settlement awards given to truck accident victims, gain an idea of what your particular case might be worth by analyzing the damages you and your family suffered.
Common Damages in a Truck Accident Case
“Damages” has two meanings in personal injury law. It refers to the losses you suffered in the accident as well as the financial compensation that may be available to you. In your initial settlement demand letter to an insurance company, you must list all of the damages you suffered in connection to the crash, with corresponding sums you are demanding as compensation for these losses. A truck accident lawyer in Dallas can help you create a full list of your economic and noneconomic damages.
- Long-term medical expenses. The severe nature of most truck accidents means weeks or months of necessary medical care. In the most severe cases, a victim may need lifelong treatments, such as rehabilitation and physical therapy.
- Lost wages. A truck accident can take a victim out of work temporarily while he or she is in the hospital or permanently if the accident causes disability. Compensation for lost past wages as well as lost future capacity to earn may be available.
- Damaged or totaled vehicle. Most collisions between 18-wheelers and passenger cars result in the latter being totaled. The immense property damage caused by a truck accident may take thousands of dollars to repair.
- Pain and suffering. An injured accident victim has the right to request compensation for intangible losses related to the collision, such as emotional distress, mental anguish, post-traumatic stress disorder, fear, anxiety and lost quality of life.
- Wrongful death. If someone dies in a truck accident in Dallas, his or her surviving family members can seek financial compensation. A settlement for wrongful death could include funeral and burial costs, medical bills, and lost income.
Your family can recover past and future losses related to a commercial truck accident in Texas. The types and extent of your damages are what will determine how much your truck accident case is worth.
Although many different factors can affect the value of your injury settlement, the most common factors used in calculations by insurance companies are injury severity, the cost of medical care, the length of recovery and how much the accident has impacted your life.
Who Is Liable?
Once you have created a comprehensive list of your losses, your truck accident lawyer can determine the liable party. This is the person or entity legally responsible for your accident, injuries and losses. Under Texas’s tort-based insurance law, the driver or party at fault for causing the crash is financially responsible for medical bills and property damage.
In a standard auto accident, this party is most likely the other driver. The rules are different, however, in truck accident cases. If the driver who caused your accident was employed by a truck company at the time of the crash, you can hold the company vicariously liable instead of the driver’s personal auto insurance policy. This can result in a greater insurance settlement, as a trucking company will have more insurance available.
How to Ensure a Fair Outcome for Your Truck Accident Case
Although a truck accident can cause devastating losses, insurance companies often use tactics to devalue claims and reduce payouts. Do not assume the first settlement offered is a fair amount for what may be lifelong damages. Bring any settlement offer given to you by an insurance company to an attorney for a review you can trust.
A truck accident lawyer can carefully evaluate your case to give you an accurate settlement estimate. Then, your lawyer can help you demand maximum financial compensation from the correct party using proven legal strategies.