After suffering an 18-wheeler accident, victims can expect the trucking company and their insurer to try to settle the case. As evidence is uncovered and settlement talks proceed, it’s possible that this process may escalate and take a little longer. Although most accident cases are settled out of court, a trial may be necessary.
In general, an 18-wheeler accident settlement is much larger than almost any other incident. Truck accident settlements may reach tens of thousands to hundreds of thousands of dollars. Overall, many of these settlements are upwards of $10,000.
In the end, the amount varies depending on several important factors, such as the severity of the injuries, the medical expenses after the truck accident, whether the victim’s normal life is disrupted, and the pain and suffering of the injured person.
Grounds That May Sway The Case In Your Favor
Although this varies from state to state, fault is determined in Texas by calculating the extent of which you were responsible for the accident versus the fault of the truck driver.
If it’s determined that you’re more than 50% responsible for the accident, the truck driver won’t pay you compensation. However, the driver will be at fault for the incident if it’s anything below this percentage.
The closer the driver is to 100%, the greater their fault for the accident and thus the greater their liability. In other words, the truck accident settlement is higher in these cases.
Factors That Can Impact Your 18-Wheeler Accident Claim
Commercial businesses don’t just use 18-wheelers. In this category, there’s a number of large trucks used by companies, including trailers, cranes or tankers.
Although accidents are rarely 100% caused by an 18-wheeler, there are several factors that can increase the amount of your claim.
Common Scenarios In a Large Truck Accident
Behavior is a very important element when filing your claim, as you must prove that the person driving the truck acted negligently. Some examples of negligent behavior include:
- Not having full concentration on the road
- Fatigued driving
- Poorly secured trailers
- Failure to maintain vehicle
- Traffic fines
How Long Does It Take To Resolve a Compensation Claim?
Truck accident cases can take anywhere from a few months to several years to resolve after the accident. However, the severity of injuries makes a big difference.
If the victim is fully recovered one month after the accident, it may speed up the process. However, this is rarely the case.
Many truck accident victims suffer serious injuries that require extensive medical treatment that can last for years. Because it may be unclear what the victim’s medical needs are, the costs of their medical expenses will also be uncertain.
In these cases, it’s advisable to wait to file the truck accident lawsuit until the victim’s treatment plan is resolved. Sometimes, attorneys wait to file the lawsuit just before the statute of limitations expires. This may mean that several years have passed between the accident and the lawsuit’s start.
Once a personal injury case is filed in court, it often takes one to two years to go to trial. However, the vast majority of personal injury claims are settled before this time.
Common Injuries From An 18-Wheeler Accident
Truck accidents involving 18-wheelers are often serious. Some of the most common injuries sustained by victims after being hit by a large truck are:
- Broken bones
- Head injuries
- Neck injuries
- Spinal cord injuries
- Back injuries
- Shoulder injuries
Because of their large size, 18-wheelers and other commercial trucks can cause serious injuries and even death. For this reason, medical expenses can pile up.
Often serious wounds and injuries require medical treatment and follow-up physical rehabilitation consultations. These details will weigh heavily on the outcome of your case, as they financially affect truck accident victims the most.
Call an Experienced Truck Accident Lawyer
If you or a loved one was in a truck accident in Texas, you should speak with an experienced 18-wheeler accident attorney to assess the extent of your damages.
Is this your situation? Don’t hesitate to contact an attorney at George Salinas Injury Lawyers. We understand that a truck accident can be life-changing for you and your family. Schedule a free initial consultation, so we can help guide you on the right legal path.