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If you’re searching for ‘average truck accident settlement in Texas,’ you likely expect a straightforward answer. Settlements often depend on the specifics of each case, but typically range from $25,000 to $50,000 for minor injuries up to many millions of dollars for severe injury or fatal accident cases. A top Houston truck accident lawyer covers the factors influencing your compensation.
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:
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 federal regulations, such as a driver exceeding the allowed hours or using substances, 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 truck accident victim’s future prognosis. 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.
Several key factors influence the amount of a truck accident settlement. These factors include:
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:
Together, these things shape the final settlement amount.
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.
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.
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 affect settlements, particularly in wrongful death cases or those involving catastrophic injuries. In Texas, it is difficult to recover damages beyond available insurance coverage.
Understanding the steps in a truck accident claim is essential to getting a fair settlement. The process includes the following steps:
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.
Proper documentation and evidence collection are critical in building a strong truck accident claim. Some essential documents and evidence to compile include:
Here are some of the things an experienced attorney will look to obtain:
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.
The negotiation and settlement process involves:
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 agreed conditions, making it a legally binding document that specifies the settlement terms.
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.
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 depositions, written discovery, and, in some cases, a trial.
Truck accident victims in Texas can seek financial compensation, including economic, non-economic, and in rare cases, punitive damages.
Economic damages in Texas can include past and future:
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:
Punitive damages, also called exemplary damages in Texas, are rarely awarded. Punitive damages are limited in Texas and are intended for punishment and deterrence rather than for compensating for losses. Obtaining punitive damages requires clear and convincing evidence of gross negligence or extreme recklessness. The standard of proof required is substantially higher than that for compensatory damages, such as 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 that conduct tends to push settlement value higher in those cases.
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.
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 with a track record of winning truck accident cases and achieving proven results will be known to insurance carriers for their trucking companies.
An attorney’s reputation for demanding full compensation for their clients is a factor every insurance company considers for significant claims.
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
Here are the common mistakes that we see people make with their cases:
Admitting fault or making implicating statements can severely limit compensation prospects, especially in Texas, where comparative negligence laws exist.
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:
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.
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.
In Texas, personal injury victims can seek both economic damages and non-economic damages. Economic damages include medical bills, lost wages, and out-of-pocket expenses. While non-economic damages usually make up the largest portion of any settlement, they include such harms as pain and suffering, disability, disfigurement, loss of enjoyment of life, and mental anguish.
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.
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.
Truck accident settlements involve many factors 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.
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