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What is the Average Truck Accident Settlement in Texas?

What is the average truck accident settlement in Texas?

If you’re searching for ‘average truck accident settlement in Texas,’ you likely expect a straightforward answer. Settlements often depend on case specifics, but typically, they start around $25,000 for minor injuries and can be millions of dollars for severe cases. A top Houston truck accident lawyer covers the factors influencing your compensation.

 

Summary

  • Truck accident settlements range from a low of $25,000 for minor injury accidents to well over $7,000,000 for severe injury or fatal accidents. The amount of a settlement depends on various factors such as whether liability is disputed, how serious the injuries are, the amount of your medical bills, and who you choose to represent you.
  • How much your case is worth can depend on the evidence that you can present to the insurance company or the court. Violations of the federal motor carrier safety regulations would be powerful evidence in a personal injury case. Hiring a top-rated truck accident lawyer can help you prove your case.
  • Evaluation of the claim will include damages such as economic damages, which are medical bills, lost wages, and the like. Non-economic damages include pain and suffering, disability, disfigurement, loss of enjoyment of life, and related types of damages. And non-economic damages, which are the largest portion of most truck accident damages. In rare cases, punitive damages may be sought.

Understanding the Average Truck Accident Settlement Range

 

Settlements from truck accident injury cases vary depending on multiple factors. The average settlement for a minor injury in Texas is approximately $40,000. The more serious the injury, the higher the average settlement becomes. Wrongful death and severe injury cases can settle for millions of dollars. Liability factors and liability policy limits must be considered in cases of severe injury or fatal accidents.

Here are some examples of semi-truck accident settlements:

  • In Texas, minor accidents may see settlements starting around $25,000.
  • Moderate incidents can range from $100,000 to $500,000.
  • Severe accidents, particularly those involving severe or permanent injury or fatality, can result in settlements exceeding $7,000,000.

Many factors go into how much a case will settle for. One of those factors is liability. When liability is disputed, the settlement range tends to reflect that dispute. However, when there are serious violations of the federal regulations, such as a driver’s driving past the allowed hours or substance use, the settlement range will increase substantially.

Another factor that plays a large role in how much a case will settle for is the severity of the injuries and the future prognosis of the truck accident victim. When a surgery or permanent impairment is involved, the cases tend to settle for more money.

Finally, who you choose for your truck accident attorney can have a big impact on how much you can settle the case for. Attorneys with substantial experience and a proven track record should be consulted as soon as possible after your accident.

Key Factors Influencing Truck Accident Settlement Amounts

Several key factors influence the amount of a truck accident settlement. These factors include:

  • Determining liability and fault establishes who is responsible for the accident
  • The severity of the injuries sustained
  • The corresponding medical costs

More severe injuries and higher medical expenses typically lead to larger settlements.

Other factors that can impact the settlement outcome in a truck accident case include:

  • The insurance policy limits of the parties involved
  • Skilled legal representation
  • Expertise in the complexities of truck accident cases
  • Negotiating for better settlement terms

Together, these things shape the final settlement amount.

Determining Liability and Proving Fault

Proving negligence or fault is a vital part of any truck accident claim—Texas has a comparative responsibility law that apportions fault between all parties. Even when liability appears to be clear, you can be certain that the insurance defense lawyers will find an avenue to attempt to blame the victim.

If the defense can pin 20% of the fault on the victim, they can reduce the amount that they must pay accordingly.

We recommend you retain the best local truck accident attorney you can find as soon as possible after the crash.

Severity of Your Injuries and Your Medical Bills

Like the liability factors, the extent of your injuries and your medical bills will play a vital role in any settlement discussions. What you’re treating doctors say about your injuries and prognosis for the future is vital proof in all personal injury cases.

Nevertheless, it is a common practice for the insurance defense attorneys to retain doctors who will testify for the insurance company, disputing either the cause of your injuries or the amount of your medical bills, or both.

Other factors that the insurance company may dispute the severity of your injuries, given gaps in treatments and the need for future medical care.

The Role of Insurance in Settlement Outcomes

Trucking companies are required to have minimum liability insurance coverage substantially above that required of everyday drivers in Texas. For Intrastate drivers, the minimum liability coverage starts at $500,000. At the same time, Interstate Trucking companies are required to have at least $750,000 coverage. Coverages can increase depending on the type of load carried.

Many trucking companies carry excess policies for financial protection in the event of a catastrophic injury or fatal accident.

Liability insurance limits can impact a settlement, particularly in wrongful death cases or those involving catastrophic injuries. In Texas, it is difficult to collect damages outside of the available insurance coverage.

Steps for a Truck Accident Claim in Texas

Knowing the steps of a truck accident claim is essential for getting a fair settlement. The process includes the following steps:

Legal Consultation

In your initial consultation with an experienced personal injury attorney who frequently handles truck accident claims, they should cover your rights and options. Most reputable attorneys offer free consultations so you can discuss your case and decide if you are comfortable with the attorney you are meeting with.

The sooner you hire an attorney for a truck accident case, the better for your claims. Earlier involvement allows your legal representative to obtain evidence that may not be around later and even the playing field with the insurance defense attorneys.

Investigation, Documentation, and Evidence Collection

Proper documentation and evidence collection are critical in building a strong truck accident claim. Some essential documents and evidence to compile include:

Proof of fault-

Here are some of the things an experienced attorney will look to obtain:

  • Crash reports
  • Witness interviews
  • Black box downloads
  • Inspection of the tractor-trailer
  • Research on the driver and the trucking company
  • Photographs of the accident scene and any injuries sustained
  • The truck driver’s logbook
  • Accident reconstruction experts

Damages

Collecting medical records and consulting with treating doctors are a part of the initial documentation of a truck accident case.

These documents and evidence are essential for substantiating the victim’s claim for compensation.

Negotiation and Settlement Process

The negotiation and settlement process involves:

  • Back-and-forth offers and counteroffers between the victim’s attorney and the insurance company
  • Skilled legal representation is key to securing a favorable outcome
  • Negotiations can continue even after filing a lawsuit.

If negotiations with insurance companies are unsuccessful, mediation or a jury trial may be the next step. A settlement agreement includes the compensation amount and any conditions agreed upon, making it a legally binding document specifying the settlement terms.

Settlement Agreement

If you have negotiated a settlement amount, the insurance company’s attorney will draft a settlement agreement and release. This document is designed to ensure that the company will face no further claims from you. Your attorney will review this document with you and outline your responsibilities under the settlement agreement.

Lawsuit

If a fair resolution cannot be obtained through negotiations, your attorney will likely file a lawsuit. While filing a lawsuit does not necessarily mean that your case will go to trial, it does mean that the stakes of the claims increase.

The lawsuit process includes things like depositions, written discovery, and a trial may be necessary in some cases.

Read More: What if I Cannot Afford an Attorney for My Personal Injury Case?

Types of Damages in Truck Accident Cases

Types of Damages in Truck Accident Cases

Truck accident victims in Texas can seek financial compensation, including economic, non-economic, and in rare cases,  punitive damages.

Economic Damages

Economic damages in Texas can include past and future:

  • Lost wages or reduced earning capacity
  • Medical expenses
  • Property damages
  • Other out-of-pocket expenses because of the collision

Read More: What Compensation Can I Receive for My Big Rig Accident Injuries?

Non-Economic Damages

While economic damages are fairly easy to calculate, non-economic damages are more subjective and require the expertise of a skilled attorney to evaluate properly. Here are some of the non-economic damages allowed in Texas:

  • Pain and suffering
  • Emotional distress or mental anguish
  • Loss of companionship
  • Disfigurement
  • Disability
  • Loss of enjoyment of life

Punitive Damages in Texas

Punitive damages, which are called exemplary damages in Texas, are not often awarded. Punitive damages are limited in Texas and are directed toward punishment and deterrence rather than compensation for losses. Obtaining punitive damages requires clear and convincing proof of gross negligence or extreme reckless conduct. The standard of proof required is substantially higher than compensatory damages like pain and suffering.

Nevertheless, when the conduct of the truck driver or the trucking company was committed knowingly and involved gross negligence, the potential for a large jury verdict because of the conduct tends to push the value of a settlement higher in those cases.

Punitive damages in truck accident cases

Settlement Examples in Texas

A man was seriously injured in an accident involving a tractor-trailer. Medical bills exceeded $200,000, and ongoing treatment was needed. After litigation but before trial, the case settled for $5 million.

A driver was struck on the side by a big rig while changing lanes and required shoulder surgery. The medical expenses totaled roughly $50,00,0, and recovery took over six months. The case settled in mediation for $1 million.

Read More: What’s My 18 Wheeler Accident Case Worth?

How a Top-Rated Truck Accident Lawyer Can Maximize Your Settlement

Settlements for truck accidents can vary significantly depending on various factors. One of those factors is who you choose to represent you for your case. There is no substitute for experience.

An attorney who has a track record of winning truck accident cases and achieving proven results will be known by the insurance carriers for their trucking companies.

The reputation that an attorney has for demanding full compensation for their clients is a factor that is rated by every insurance company with a significant claim.

Do not settle for less; get the best local truck accident attorney you can find as soon as possible.

Read More: How to Settle Your Car Accident Injury Claim Without an Attorney

Common Mistakes in Making Truck Accident Claims

Here are the common mistakes that we see people make with their cases:

  • Not acting quickly to retain experienced legal counsel
  • Talking directly with the insurance company for the truck driver
  • Trying to tough it out instead of getting the recommended follow-up care
  • Entering settlement discussions too early in the process
  • Giving a recorded statement to the insurance adjuster, without consulting an attorney first
  • Not taking steps to preserve vital evidence

 

Admitting fault or making implicating statements can severely limit compensation prospects, especially in Texas, where comparative negligence laws exist.

Future Damages

When there are ongoing injuries, future medical expenses can be a part of your case. Texas law requires that you file a lawsuit within two years of the accident date to preserve your right to get compensation. However, when your injuries are lasting or permanent, providing for your future medical expenses and other damages is a vital part of a successful truck accident settlement.

Future damages can be proven by:

  • Treating physician testimony
  • Life care planners
  • Economists

Frequently Asked Questions

How much are settlements for truck accidents?

Settlement amounts for truck accident injury cases vary by the severity of your injuries, how clear the liability is in your case, and, for catastrophic injuries or wrongful death, the amount of the insurance coverage for the trucking companies.

How is liability determined in a truck accident case?

The insurance company or a court determines liability for a commercial vehicle accident. Evidence that helps prove liability includes eyewitness accounts, facts listed in the crash report, black box data, and even expert witness testimony.

What types of damages can be obtained in a truck accident settlement?

In Texas, personal injury victims can seek both economic damages and non-economic damages. Economic damages cover such things as medical bills, lost wages, and out-of-pocket expenses. While non-economic damages usually make up the largest portion of any settlement, they include human damages such as pain and suffering, disability, disfigurement, loss of enjoyment of life, and mental anguish.

How can legal expertise maximize my truck accident settlement?

Hiring an experienced attorney can help you negotiate fair compensation and consider all aspects of your claim, including future medical care and long-term impacts. Attorneys skilled in uncovering violations of the trucking safety regulations can maximize your truck accident settlement.

What are common mistakes to avoid in a truck accident claim?

In a truck accident claim, avoid handling the claim independently, inadvertently admitting fault, giving a recorded statement, and accepting initial settlement offers without consulting an attorney. These mistakes can significantly impact the value of your case.

Contact a Truck Accident Attorney in Houston, TX, for Help!

Truck accident settlements have many different elements to consider. While knowing the average truck accident settlement may be helpful, a thorough analysis of your specific case should be done by a preeminent truck accident attorney in the area in which the accident occurred.

Call us for a free case evaluation to cover your next steps, rights, and options.

Call us 24/7 at (281) 893-0760 for a FREE CONSULTATION.

 

 

 

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About Greg Baumgartner

Truck accident lawyer Greg Baumgartner
Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representation and personalized attention to every client.