What is the Average Settlement for Semi-Truck Accidents?

If you suffered an injury from a semi-truck accident, you might wonder how much you could recover through a settlement. The accurate answer is that it depends on many factors, including the extent of your injuries and the insurance policies available for compensation.

The semi-truck accident lawyers at Arash Law, under the supervision of Arash Khorsandi, Esq., understand the importance of every dollar of compensation is important when dealing with the long-term effects of a severe injury. We are available to review the details of your accident and discuss the types of compensation you may be entitled to seek as part of a settlement.

Every truck accident case has multiple factors that make it unique. To understand more precisely how much you may recover, consult an experienced truck accident attorney. Arash Law has helped clients in California over the decades, including truck accident victims, pursue compensation for damages.

What Is A Semi-Truck Accident Settlement?

As the name implies, a settlement is a voluntary agreement between two parties that ends a legal conflict and dismisses a lawsuit. After a semi-truck accident, the victim can demand compensation for the injuries and associated losses from the negligent party. The process typically starts with filing a claim against the at-fault party’s liability insurance that details your accident-related losses.

Insurance companies may offer settlements that do not fully compensate the accident victims for their losses. It’s important to understand common challenges in insurance claims so that you can effectively address them and pursue a fair resolution. If someone tells you that you do not need a lawyer, do not believe them right away. Before accepting any offer or dealing with insurance adjusters, it’s advisable to speak with an attorney first.

With the assistance of an experienced semi-truck accident lawyer, you may have a better chance of reaching a settlement that compensates you fairly for your injuries. Ideally, the parties can work toward a resolution during negotiations before a personal injury lawsuit becomes necessary.

In some situations, insurance companies are more likely to agree to a settlement when a case is set for trial. There are reasons why trucking industry insurance companies prefer to settle accident claims out of court. These include:

• Trials are unpredictable, especially jury trials.
• Settlements resolve cases more quickly.
• Settlements avoid the expense of going to trial.

According to the U.S. Department of Justice Statistics, 96% of personal injury lawsuits are resolved through a settlement before trial. Automobile accident cases make up a significant portion of personal injury lawsuits.

How Semi-Truck Accident Settlement Amounts Are Determined

Like any personal injury claim, the settlement amount depends on several factors, including whether or not the truck accident caused severe injuries or death. A truck driver’s insurance company may be forced to pay for a victim’s medical bills in the event of a minor injury. Additionally, they may be required to pay additional damages for any pain and suffering the victim endured (or would endure in the future) as a result of any catastrophic injuries.

Not every insurance company engages in bad-faith practices, but some may offer victims in trucking accident cases a lower amount of compensation than they are entitled to. They may also operate in a way that can make victims feel pressured to accept that amount shortly after the accident.

It’s essential for victims to seek legal representation following an accident involving a large truck or tractor-trailer so they clearly understand their rights and legal options. An experienced personal injury lawyer can advocate for a fair settlement amount that compensates for the damages. Our truck accident attorneys are prepared to help victims pursue compensation for their losses.

Percentage Of Fault

In any trucking accident, someone is at fault, whether the truck driver, the truck owner, the truck’s manufacturer, or another motorist involved in the wreck. In some cases, multiple parties are even partially responsible for the wreck. After an accident, a percentage of fault is assigned to each party that contributed to the accident.

If the accident were mainly caused by actions that fall under the scope of the driver’s employment, then the trucking company that employs them would be responsible for the wreck. The company’s insurance would pay settlements in any truck accident claims filed by victims of that wreck. A trucking company can be found to be at fault if it fails to hire qualified drivers, adequately train them, or properly maintain its vehicles.

However, if the accident occurred because of a truck driver’s negligence, the truck driver may be responsible for the injuries and losses caused by their actions. This can include reckless driving, distracted driving, and drunk driving. In New York, it is illegal for anyone to drive a tractor-trailer or other commercial truck if they have a blood alcohol content of 0.04% or greater.

Injury Severity

Semi-truck accident settlements also depend on the severity of the injuries caused by the accident. For example, suppose the victim only suffered from minor injuries, such as soft tissue injuries, uncomplicated bone fractures, or neck injuries like whiplash. In that case, the negligent party won’t have to pay that much in a settlement.

However, if the victim suffered a devastating injury, such as a traumatic brain injury or spinal cord injury, a personal injury lawyer could help them pursue a higher settlement amount. Debilitating, incapacitating injuries from these accidents can include spinal cord injuries, traumatic brain injuries, compartment syndrome, traumatic amputations, complicated bone fractures, and organ ruptures.

Property Damage

Like other auto accident cases, the average settlement for a semi-truck accident may also include compensation for damage to your car or other motor vehicle. The truck driver or their insurance company would be financially responsible for any property damage caused by the accident.

Medical Bills & Physical Therapy Bills

Following a semi-truck accident, the people involved will most likely require medical attention, leaving them with medical expenses to pay upfront and in the future. In a personal injury claim against the party responsible for the wreck, the negligent party may be found liable for damage, and the intended compensation may cover past or future medical bills resulting from any injuries they caused. This can include any outpatient care bills or physical therapy bills that the victim incurs due to injuries caused by the accident.

Pain & Suffering

While some people are lucky to walk away from a truck collision with only minor injuries and medical bills, a trucking accident can cause life-altering injuries and lifelong disabilities. In that case, victims of those injuries could sue the truck driver or any trucking companies involved for the pain and suffering caused by the accident. If the victim experiences disfigurement, scarring, serious physical pain, or a loss of enjoyment of life, they may be entitled to this additional compensation.

Lost Wages

A semi-truck accident settlement can include compensation for any lost wages the victim experienced due to the accident. The truck driver or their insurance company would be responsible for paying the amount equal to the work or wages the victim was forced to miss due to their injuries.

In truck accidents with minor injuries, the victim may only miss a few weeks of work, resulting in fewer lost wages to be compensated for. However, in a personal injury case where the victim sustains a major injury, such as a traumatic brain injury, they may be unable to work for months or years or even completely lose the ability to earn money due to their injuries. In this situation, the vehicle collision victim may be entitled to recover more substantial compensation.

Wrongful Death

If a trucking accident caused the death of one or more individuals, the victim’s family could file a wrongful death lawsuit against the truck driver. Wrongful death lawyers in Goleta can explain the process and provide guidance on what claims may be available. In such cases, the family may be able to recover financial compensation for medical expenses the individual incurred prior to death, funeral expenses, and compensation for emotional distress.

Liability Insurance

A commercial vehicle, such as a semi-truck or tractor-trailer, must be insured like all non-commercial vehicles. Most trucking companies have general liability insurance to protect their company and their truck drivers from primary risks associated with trucking, as well as any property damage, injury, or death that their drivers may cause. Other commercial vehicles may also have liability insurance, such as a tractor-trailer owned by a business and used only for transporting its goods or equipment.

State and federal laws require large commercial trucks to carry more liability insurance than personal vehicles. Trucks can cause more significant damage and critical injuries in a collision.

The Federal Motor Carrier Safety Administration requires the following insurance minimums for trucks used in interstate commerce, which the state of California has adopted for intrastate vehicles as well:

If the truck involved in a wreck is insured, the insurance company may be liable for any compensation awarded in a semi-truck accident settlement. Suppose the truck’s driver or their company does not have insurance and they were at fault for the accident. In that case, the company or driver may be entirely responsible for paying the victims the settlement amount.

Factors In Settlement Calculations

Several factors are taken into account when determining your settlement value. These include state liability laws and contributory negligence; the severity of your injuries; whether there were any fatalities; whether the driver was intoxicated; and the limits of insurance policies.

No matter how much your semi-truck accident settlement is worth, collecting more than an insurance policy will cover can be challenging. For instance, even if you are awarded a substantial amount in court, if the combined insurance policies from all the responsible parties are insufficient to cover the full award, you may face challenges in recovering the remaining balance, despite technically being owed that amount.

What Is The Average Semi-Truck Accident Settlement?

There is no single “average” settlement that accurately represents all cases, as each claim is unique and depends on specific factors. Semi-truck accidents vary in severity, and so do semi-truck accident settlements. The range of potential compensation is broad, from relatively small amounts in cases with minimal damage to very large sums, especially for severe injuries or wrongful death claims.

One of our attorneys, Tina Eshghieh, Esq., has handled complex semi-truck accident cases as part of the Arash Law legal team. Our firm has extensive experience guiding clients through the claims process in matters of this nature.

The average settlement payout differs from what everyone should expect from every semi-truck accident. The payout varies with each trucking accident case and can be much greater than or less than the national average settlement price.

Semi-truck accident victims may benefit from legal representation when seeking compensation for lost wages or medical bills resulting from the wreck. A semi-truck accident lawyer can also help a victim sue the truck driver involved for punitive damages if the driver acted with blatant disregard for the safety of others. This type of damage is only awarded by the court in rare cases.

How Long Does It Take To Receive A Semi-Truck Accident Settlement?

The process of a semi-truck accident settlement can take months or even years to complete. A semi-truck accident victim can expect a settlement between 6 months and 4 years after the crash. They may have a better chance of receiving a settlement sooner if they hire a law firm with experience handling truck accident cases.

Whether Or Not The Case Goes To Trial

Finally, whether the case goes to trial is another important factor that affects a truck accident settlement. However, the parties may receive a lower payout if the case settles out of court.

The Catastrophic Nature Of Semi-Truck Accidents

Truck accidents are inherently dangerous. Truckers can’t stop or react as quickly as drivers of smaller vehicles because of their size and momentum. They can’t steer as sharply without the risk of a jackknife or rollover. They don’t have a wide range of visibility and can’t always see other vehicles around them.

Furthermore, truck accidents are increasing, not decreasing. This is despite the fact that we have more stringent laws to regulate the trucking industry and a greater awareness of the dangers posed by these large rigs. In fact, fatal truck accident incidents have increased by 12 percent from 2008 to 2017.

The number of semi-truck accidents that occur each year in the U.S. has gradually increased over the past ten years. From 2016 to 2021, the number of commercial and non-commercial truck accidents that resulted in injury increased by 15%, as reported by the National Safety Council.

In 2021, truck drivers were involved in 117,300 accidents, resulting in 5,700 deaths and 117,300 injuries. New York accounted for 108 of the fatal truck accidents that year. The trucking industry accounted for 9% of all vehicles involved in fatal car accidents in the U.S. in 2021.

Causes And Effects Of Semi-Truck Accidents

When it comes to semi-trailer accidents, there is often confusion over who is at fault. Several factors can cause these accidents. Understanding them is critical in avoiding such accidents in the future. Let’s take a closer look at each of these causes:

• Truck Driver Error — Truck drivers play a critical role in the safe operation of a semi-trailer, which can lead to more serious accidents when they make mistakes. Some of the most common driver errors include speeding, driving while tired or impaired, and failing to obey traffic laws.
• Truck Driver Condition — Many truck drivers are often overworked. Exhaustion can lead truck drivers to make poor decisions or even fall asleep at the wheel while driving. Even when they are alert, they might encounter bad weather conditions. They could get frustrated, drive too fast, or not watch where they’re going.
• Equipment Failure — Equipment failure is another common cause of semi-trailer accidents. Their air brakes or another part of their vehicle could fail. It can include problems other than the truck’s brakes, tires, or engine.
• Cargo Failure — They could have issues where their cargo wasn’t loaded correctly, and it shifts, causing them to lose control.
• Weather Conditions — Bad weather can also be a significant factor in semi-trailer accidents. Heavy rains, high winds, and snowstorms can make it difficult for drivers to operate a truck safely.
• Truck Driver Negligence — Driver negligence is another common cause of semi-trailer accidents, including tailgating, improper lane changes, and failure to yield the right of way.
• Road Hazards — Road hazards, such as potholes, construction zones, and uneven surfaces, can also lead to semi-trailer accidents.
• Poor Truck Maintenance — Finally, poor truck maintenance can be a significant contributor to semi-trailer accidents. It can include faulty brakes, broken taillights, and worn-out tires.

While understanding the causes of semi-trailer accidents is essential, understanding their effects is equally important.

Some of the most common effects of semi-trailer accidents include:

• Death
• Injury
• Property loss

The problem is that multiple parties could be held responsible. Unlike a minor vehicle accident, with a commercial vehicle, the responsible parties can include the driver, the trucking company, the shipping and loading companies, the maintenance crew, and even the manufacturers of vehicle parts.

How Is Fault Determined After A Semi-Truck Accident?

After any major accident, your first question might be, “Who was to blame?” You may have suffered serious or catastrophic personal injuries or owned a vehicle that the truck totaled.

There could be several parties potentially responsible for paying for your damage after a big rig crash. Our truck accident lawyers can provide assistance in identifying the defendant(s) in your case. Determining the at-fault party can be more difficult than you think. There are many possible causes of California truck accidents:

• Truck Driver — Truck drivers can make bad decisions that result in the injuries and deaths of others on the roadway. Distracted, drunk, drowsy, incompetent, careless, and reckless truck drivers are dangerous to society. According to a causation study from the Federal Motor Carrier Safety Administration (FMCSA), the driver was the primary reason for 87% of truck accidents. Poor driver decisions caused 38% of these accidents, 28% were due to a lack of driver recognition, 12% were attributed to non-performance, and 9% were due to poor performance.

  Suing for a truck driver’s mistake often involves bringing a claim against the trucking company itself. These companies used to avoid liability by hiring independent contractors; however, the FMCSA’s new rules hold the company responsible for the actions of its drivers, regardless of their employment status. You may have a case against the individual driver or the trucking company following a collision caused by the driver.

• Truck Company — Sometimes the company itself is the primary defendant. This might be the case if the proximate cause of the accident involved fleet maintenance, poor driver training, or negligent hiring/retention practices. Trucking companies are responsible for maintaining safe fleets and properly training workers. If the courts deem that a lack of training contributed to the crash, the victim(s) may be able to sue the trucking company or fleet manager.
• A Third Party — Several third parties may play a role in California truck accident cases. They include other drivers on the road, roadway maintenance crews, and vehicle manufacturers. If another driver caused your accident, you may pursue a claim with their insurance company.

  Cases against city maintenance crews are subject to the rules governing lawsuits against the government. In California, this means you only have six months to notify the government of the claim. Cases involving vehicle part manufacturers often involve product liability claims that come with their own unique rules.

  The third party that may become more involved in future truck accident claims is the manufacturers and managers of driverless 18-wheeler trucks. Driverless trucks are the wave of the future, but they come with their own set of dangers, such as system malfunctions. Accidents involving driverless trucks may result in the vehicle manufacturer, operator, fleet manager, or other party being responsible.

Truck accidents are complex personal injury events. Determining the elements contributing to a crash can take days or months. An investigative team must consider driver training and competence, vehicle part manufacture, the condition of the roadway, and the trucking company’s responsibilities.

What Do I Do Following A Semi-Truck Accident?

A semi-truck accident can be a traumatic and potentially life-altering experience that can leave you overwhelmed and stressed. This is entirely understandable, but it is essential to try to maintain a level head as you go through the process of a semi-truck accident settlement. An accident lawyer can manage the legal matters on your behalf, which can help reduce your concerns and workload.

Here’s what you can do after an accident:

• Health & Safety — It is essential to remain calm and prioritize your health and safety as best as possible.
• Check for Any Injuries — It is important that, if you are conscious, you check yourself over for any possible injuries you sustained in the accident. If you are not injured, being available to assist other drivers who have been injured in the collision would be helpful. However, do not move anybody with traumatic injuries, such as head, spine, or neck injuries.
• Contact the Police — Be sure to give your statement and make a police report if you are physically able. Police reports are not necessary for insurance claims, but can be helpful for documenting the incident for your case. Suppose the truck driver was under the influence of alcohol or other drugs or committed any other crime related to the accident. In that case, the police might be able to file charges against them.
• Seek Medical Attention — After an accident, if you are conscious and it has not already been handled, call an ambulance as soon as possible if any injuries have been inflicted. Even if you think you are uninjured, it is still best to receive attention to ensure you are okay. Not only is this the best course of action for your health and well-being, but having documentation from a medical professional regarding your injuries is also crucial for potential future legal claims.
• Collect Evidence & Witness Details — If you can, collect pictures of the collision, injuries, any damage to your vehicle, the condition of the road, and any other important details of evidence that can support your claim later on. It is also essential to collect the contact information of the truck driver, including their name, phone number, and vehicle registration number. Witnesses can also be helpful in your semi-truck accident case, so it’s important to get their information as well.
• Contact Your Insurance Company — You are required to contact your insurance company within 24 hours of the accident to report what transpired. Provide only relevant details about the accident to the insurance company. Be careful of what you say, as this may be used against you to reduce the value of your settlement.
• Seek Legal Representation — To file a claim, it is advisable to seek legal representation from a law firm near you. If you’re in California, you can consult Arash Law’s accident lawyers.

Why Hire A Semi-Truck Accident Lawyer For Your Case

If you were injured in a semi-truck accident, you might wonder if you need to hire a lawyer. In most truck accident cases, it may be advisable to have a semi-truck accident lawyer represent you to negotiate a settlement with the insurance company. Here are a few reasons why you might want to consider hiring a personal injury attorney:

Low Settlement Offers From The Insurance Company

It is important to remember that the truck driver’s insurance company has a financial interest in minimizing payouts. They may attempt to offer a lower settlement value to avoid paying more money in damages, such as medical costs and lost wages. A tractor-trailer accident lawyer can help you negotiate a fair settlement with the insurance company.

You May Not Be Familiar With The Legal System

If you are unfamiliar with the legal system, it may be a good idea to hire an experienced lawyer for truck accidents. A lawyer will guide you through the legal process and help you understand your options.

You May Be Overwhelmed Or Unable To Negotiate

Do you not feel well or need help with what to do, or does the collision involve multiple parties? If so, consider hiring a qualified lawyer for truck accident cases to help you negotiate a fair settlement with the trucking companies.

You May Not Know What To Expect

You may not know what to expect if you have never been in a commercial truck collision. A truck accident lawyer can help you understand the process and what to expect.

Talk To Our Semi-Truck Accident Lawyers For A Free Case Review

If you’re looking for legal assistance, hire a truck accident attorney today. Arash Law offers a free initial consultation to injured victims and their families. We work on a contingency fee agreement, which means you don’t pay any attorney’s fees upfront unless compensation is obtained. However, you may still be responsible for a few case-related costs regardless of the outcome.

A consultation with one of our semi-truck accident lawyers can help you better understand your rights and options. If you want more information on average semi-truck accident settlements, please contact us. We can review your case and assess if you have a valid claim. Aside from truck collisions, our team also handles a range of other personal injury cases, including car accidents, dog bites, and slip-and-fall incidents.

Call us at (888) 488-1391 to schedule a complimentary initial consultation or complete our “Do I Have A Case?” form here to discuss your case.