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Being rear-ended by a commercial vehicle often results in very serious injuries, which can lead to substantial settlements, especially in Texas. Unlike typical passenger-car accidents, rear-end accidents involving commercial trucks involve a significant difference in size and weight, which increases the potential for severe injury. The more severe injury, coupled with commercial liability insurance policies, means that commercial vehicle rear-end accidents generally settle for substantially more than the same accident involving a passenger car.
Determining the value of a rear-end collision involving a commercial vehicle can be challenging. How much compensation you deserve will depend on many different factors. In this article, we will outline the situations that impact a settlement amount and what to do about maximizing your compensation.
Rear-end commercial vehicle settlements or financial compensation that are paid to a victim to compensate them for the injuries they sustained in the accident. Rear-end commercial vehicles include trucks, delivery vehicles such as those used by Amazon, tow trucks, and other similar vehicles. An accident involving a commercial vehicle is much more complex than a car-to-car crash. Each type of commercial vehicle carries different insurance requirements and liability considerations that directly impact settlement negotiations.
Commercial vehicle accidents often involve the employer, commercial insurance policies, and even federal professional driver regulations.
The Texas Department of Transportation reports that there were 39,393 commercial vehicle accidents in the state last year. The average cost of a commercial vehicle crash exceeds $195,000, reflecting both the severity of injuries and the complex legal processes involved in these truck accident cases.
One factor that can significantly impact the amount of a settlement is the applicability of the Federal Motor Carrier Safety Regulations, which can provide compelling evidence of negligence on the part of the professional driver or their employer.
Unlike a typical car accident, where liability is easier to determine, commercial vehicle accident settlements must account for non-compliance with the federal safety regulations and the potential for a significant jury verdict against a professional driver.
Unlike standard motor vehicle accidents, where liability is typically straightforward, commercial accidents are more complex. These factors can significantly impact both liability determination and final settlement amounts.
It is no secret that even low-speed impacts by an 80,000-pound vehicle can cause life-threatening or even fatal consequences. Generally, people expect more out of a professional driver, much like you would expect out of an airline pilot. To determine the fair settlement value, an experienced truck accident attorney will analyze both economic damages and financial losses, as well as non-economic damages, such as pain and suffering and mental anguish.
Numerous studies have shown that commercial truck accidents are more likely to result in larger jury verdicts than the same accident involving a passenger car.
The legal process for determining settlement value involves analyzing both economic damages (quantifiable financial losses) and non-economic damages (subjective losses, such as pain and suffering). Commercial truck accidents often result in substantially higher awards in both categories compared to standard vehicle collisions.
Probably the most important factor in determining the value of a rear-end truck accident settlement is just how bad your injuries are. When a commercial vehicle crash results in a traumatic brain injury, serious spinal cord injury, broken bones, or severe internal injury
The settlement amount can be substantial.l However, even minor soft tissue injuries such as whiplash usually result in settlements Higher than the same injury had it occurred by being hit by a passenger car.
For example, a person who has suffered an injury to their spine might receive settlements of Hundreds of thousands of dollars or even millions of dollars when surgery is required.
We have handled traumatic brain injury cases and achieved multi-million dollar results for our client because of the impact on their loss of enjoyment of life and significant reduced earning capacity.
One important factor for securing maximum compensation is exactly what your treating physicians have to say about the nature and extent of your injuries. Coupled with your medical records and sometimes life care planners, proving up a serious injury can help your settlement value.
Alternatively, failing to follow up with needed medical treatment or if your doctor’s opinions are that your injuries are not that severe, substantially reduces your settlement compensation.
Typically, in rear-end collisions, the vehicle striking another from the rear is generally presumed to be at fault. However, in commercial vehicle cases, additional factors can enhance liability due to regulations and restrictions on the truck driver and the trucking company.
Evidence that we use to enhance liability includes driver logs, black box data, maintenance records, and even dash cam or surveillance footage from the accident scene. Sometimes we engage accident reconstruction experts to analyze and present helpful evidence about liability to our jury.
Texas uses comparative negligence to determine liability and award amounts. If you are found partially at fault for an accident, your compensation will be reduced accordingly, and if you are found to be more than 50% at fault, you will be denied compensation in Texas. For example, if you struck the vehicle in front of you before you were rear-ended by the commercial vehicle, your compensation will likely be significantly reduced.
Professional truck drivers are sometimes employees and sometimes independent contractors when driving an 18-wheeler. However, the law allows an accident victim to hold a professional truck driver and their company accountable when the driver is operating a big rig. If the other company vehicles are not subject to the Federal Motor Carrier Safety Regulations, the employer may be held responsible under a theory of respondeat superior or acting within the scope of their employment.
Commercial vehicles engaged in interstate commerce must carry substantially higher insurance coverage than passenger cars. Federal minimums range from $750,000 to $5 million, depending on the type of cargo. This creates the potential for significantly larger settlements in truck accident cases and also the incentive to hire the best defense attorneys to defend your case.
It is not uncommon for larger trucking companies or big corporate entities to have multiple layers of liability insurance coverage. One of the key tasks a skilled truck accident lawyer will undertake is analyzing who can be held responsible and where the attorney can build a case to secure full damages for their client.
The general rule is that the larger the insurance coverage, the more aggressive the defense will be. Even in clear liability cases, expect the defendants to dispute liability and your damages. Getting the best Texas truck accident attorney in your corner will level the playing field and make certain that the insurance companies take your case seriously.
Rear-end truck accident settlements vary widely based on injury severity. But commercial vehicle cases consistently produce higher average settlements than passenger car accidents.
We recommend that you hire an attorney to represent you in any commercial vehicle accident case in which you are injured. One of the biggest mistakes we see is someone trying to handle the case themselves and accepting an early offer for a fraction of what the case is really worth.
For minor injuries, such as whiplash, that require minimal medical treatment, settlements typically range from $25,000 to $75,000. Moderate injuries, accompanied by extended physical therapy and objective test results, such as an MRI, typically result in settlements ranging from $75,000 to $200,000. Serious injuries causing permanent disability or requiring surgery or ongoing medical care can produce settlements from $200,000 to many millions of dollars.
| Injury Severity | Settlement Range | Example Injuries |
| Minor | $25,000 – $75,000 | Whiplash, minor sprains |
| Moderate | $75,000 – $200,000 | Herniated discs, minor fractures |
| Serious | $200,000 – $1,000,000 | Spinal fusion, severe TBI |
| Catastrophic | $1,000,000 – $10+ million | Paralysis, permanent disability |
The venue for your lawsuit can also be a factor in determining the value of a settlement. The larger cities in Texas are more apt to award significant compensation than a court in a rural area of Texas.
The average settlement for truck accident claims has increased substantially over the past decade. Obtaining experienced legal representation is crucial to understanding the potential value of your case.
What to Do After an Accident with a Commercial Vehilce
Taking the right steps after a rear-end 18-wheeler accident can help you build a strong case to maximize your compensation. Action should be taken to preserve important evidence and build a strong liability case.
Defense lawyers and their experts often arrive at the crash site before the police have even moved the vehicles. This is particularly noteworthy in fatal truck accidents. The reason insurance carriers dispatch their teams is to gather evidence that may be helpful in their case. The victim should also receive representation as soon as possible to put them on an even footing.
Receiving immediate medical care should be a top priority. Even if you feel your injuries may not be serious at first. Many people make the mistake of assuming they will be fine. Only to find out that they have a much more serious injury than they suspected. For your own health and to ensure fair treatment, we recommend documenting your injuries promptly.
Visiting the emergency room after an accident is the right thing to do. The emergency room can document your injuries and conduct testing. To ensure that the injuries you have sustained are not life-threatening and require immediate attention. You must follow all the doctor’s recommendations and be diligent in obtaining the necessary tests and treatments.
If you miss appointments for medical care, the defense interests will use that information against you.
We also suggest that you see medical specialists as directed by the emergency room or your primary care provider. A specialist, such as an orthopedic or neurologist, can provide excellent documentation of your injury. Additionally, educate everyone about its severity and your long-term prognosis, all of which can help your settlement discussions.
Documenting the facts of the accident can be extremely powerful evidence to help with your liability factors. Taking photographs at the accident scene can demonstrate the severity of the impact and strengthen your case.
Your attorney will obtain the police report, which contains important information that likely will be admissible at trial. However, the police officer’s opinion on fault may or may not be admissible in court.
Today, all commercial vehicles are equipped with electronic data recorders, also known as black boxes. The data recorders document important information, such as speed, braking, and even the driver’s actions leading up to the impact. For severe accidents involving significant injury, preserving the black box data should be a priority.
In follow-up, evidence such as drivers’ logs, maintenance records, and even safety violations can be obtained through legal discovery. Experienced truck accident attorneys know exactly how to get the evidence they need to win your case.
In Texas, commercial vehicle accident settlements include compensation for both economic and non-economic damages from your injuries.
Medical expenses are typically the largest component of economic damage awards in truck accident settlements. Care can include emergency room visits, surgeries, hospitalization, physical therapy, and future medical care. In cases involving substantial injury, future medical care must be proven by the testimony of life care planners or physicians.
Lost wages or diminished earning capacity must be calculated. Reflecting the time you missed from work and your inability to work at the same level in the future. We often use economic experts to provide detailed calculations of reduced earning capacity in the past and future.
Medical bills and lost wages are fairly easy to evaluate compared to other non-economic damages. You must be careful to document all of your losses. Don’t fall into the trap of a premature settlement while your medical is ongoing.
The property damage to your car is another part of an economic loss that you should be compensated for. While the property damage is usually the smallest part of a total settlement, it should be included. If your insurance company paid the property damage claim, you will likely have to pay your insurance company back out of a settlement that includes property damage.
Pain and suffering are typically a significant component of compensation for serious injuries. Back or neck injuries can cause substantial pain and suffering, which usually translates to a higher case value.
Also, mental anguish or emotional distress provides compensation for the traumatic psychological impact of an accident with serious injury. This is especially true with catastrophic injuries.
The loss of enjoyment of life entitles victims to damages for the inability to engage in activities they previously enjoyed. Perhaps you are limited in the sports or hobbies that you enjoyed, all of which can be valued by a jury and add up quickly to significant compensation.
Disfigurement or disability is also an element of damages in Texas. Both address lasting, visible scarring or permanent limitations. Permanent nature.
It is always best to hire an experienced attorney who practices regularly in commercial vehicle accident litigation—the more experienced the lawyer you choose, the better for your case. The difference between an experienced truck accident attorney and a general personal injury attorney can make a huge difference in the outcome of your compensation.
The insurance companies for truck drivers are aware of the expert attorneys and those who are not.
A comprehensive investigation of an 18-wheeler or other commercial vehicle accident requires extensive knowledge of the federal motor carrier safety regulations. And the rules that truck drivers and trucking companies must comply with. The analysis may include drivers’ logs, maintenance records, and safety policies. Even cell phone records can provide a factual basis for proving a violation of a federal motor carrier safety regulation. These regulations can substantially increase your settlement value.
The best truck accident attorneys will identify all parties that may share some responsibility for the crash. Doing so can increase the potential liability insurance coverage to provide damages for the client.
In every severe injury or fatal accident, you can expect the insurance companies to do whatever they can to minimize how much they pay for a serious truck accident case. They will challenge the medical necessity of the care the victim received and dispute future medical costs. In almost every case, they attempt to blame the victim to reduce the damages they have to pay. Hiring an attorney with expertise in dealing with these tactics and negotiating on your behalf will benefit your case.
The best way to counter the insurance company’s claims tactics is to build a strong case and prepare for trial. With the leverage of a trial setting and an attorney ready to go, insurance companies often become more realistic in their settlement proposals.
Commercial vehicle accident settlements are common obstacles for the defense.
Given the stakes of a serious injury or wrongful death in a commercial vehicle accident case, insurance companies generally hire the best defense attorneys they can. Those attorneys will have multiple lawyers working on defending the claim, seeking to pay as little as possible.
Standard insurance company tactics are designed to lower the victim’s settlement expectations. When an accident creates financial difficulties for the victims, insurance companies typically use this hardship as leverage to secure a quick resolution at a value below the full amount.
Commercial vehicle cases often involve multiple parties with distinct strategies to maximize compensation. While the involvement of more parties generally increases the liability insurance coverage available to pay damages, it can also lengthen the settlement process and lead to others blaming the victim.
Most commercial vehicle accident settlements take anywhere from six to 18 months to resolve. The timing can vary depending on the severity of the injuries and other case-specific factors. Cases with clear liability may settle more quickly, while those involving multiple parties or complex liability issues can take up to 2 to 3 years. The timeline really starts ticking once all parties have a clear understanding of the medical issues involved in the case and the costs of past and future medical treatment.
Yes, in Texas, you can still recover compensation even if you were partially at fault, though your percentage of fault will reduce your settlement. For example, if you were 20% at fault and your damages totaled $100,000, you would receive $80,000. However, in Texas, if you’re more than 50% at fault, you won’t recover damages.
Commercial vehicles in Texas are required to have higher liability limits than passenger cars. Still, there are circumstances where the damages are so substantial that the commercial policy does not cover them all. There are a few ways to increase your compensation in that circumstance. One option is to review your under-insured motorist coverage, explore the trucking company’s umbrella policy, or identify other potentially liable parties, such as a maintenance company.
No, we recommend that you do not consider any settlement offer without first consulting with an experienced commercial vehicle accident attorney. The public offers to victims who are not represented by counsel or are rarely even close to the case value. Take advantage of a free consultation with a very good attorney before you consider accepting any offer of settlement.
There are advantages to settling and advantages to going to trial. Settlements are typically much faster and less expensive, and they eliminate the uncertainty associated with the process. While a jury trial can increase compensation, it will take longer and involve some risk.
Most rear-end commercial vehicle accident cases settle at some point before trial. The best way to settle a case for full value is to be ready to put on a case in front of a jury.
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