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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 how important every dollar of compensation is 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 can recover, contact an experienced truck accident attorney from our law firm. With over $500 Million won for our clients over the decades, we have helped many truck accident victims pursue compensation from at-fault truck drivers or trucking companies.
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 for the trucking industry are notorious for trying to avoid compensating accident victims fairly. Do not allow an insurer to pressure you into accepting a lowball offer.
They are trying to take advantage of you when you are vulnerable. Do not believe an insurance adjuster who says that a lawyer is unnecessary. You need an attorney to stand up to the insurance company and fight for just compensation. With the assistance of an experienced semi-truck accident lawyer, you have a better chance of reaching a settlement that compensates you fairly for your injuries. Ideally, you will reach an acceptable agreement before filing a personal injury lawsuit.
Occasionally, it takes the threat of a trial to get the insurance company to agree to a settlement. 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 percent 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. While 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 what they deserve. They may also pressure victims into accepting that amount shortly after the accident.
Victims must seek legal representation following an accident with a large truck or tractor-trailer. An experienced personal injury lawyer can ensure that accident victims receive a fair settlement amount for their damages. The truck accident attorneys led by Arash Khorsandi, Esq., at Arash Law are prepared to help victims recover damages and receive fair 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 all parties who caused the accident.
If the accident was 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 they fail to hire qualified drivers, adequately train their drivers, or maintain their vehicles properly.
However, if the accident occurred because of a truck driver’s negligence, the truck driver may be responsible for damages 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 .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 recover 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 damage to property caused by the accident.
Medical Bills and 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 must cover past or future medical bills for 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 and 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 recover more significant 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. In a wrongful death suit, the family could recover financial compensation for medical expenses the individual incurred before 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 will have general liability insurance to protect their company and their truck drivers from primary trucking risks and any property damage, injury, or death 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 their 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:
- Commercial trucks transporting non-hazardous property with a gross vehicle weight rating under 10,001 pounds – Minimum of $300,000 liability insurance
- Commercial trucks transporting non-hazardous property with a gross vehicle weight rating of 10,001 or more pounds – Minimum of $750,000 liability insurance
- Commercial tankers transporting oil with a gross vehicle weight rating of 10,001 or more pounds – Minimum of $1,000,000 liability insurance
- Commercial trucks transporting hazardous substances with a gross vehicle weight rating of 10,001 or more pounds – Minimum of $5,000,000 liability insurance
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 victims the settlement amount.
Factors in Settlement Calculations
Several factors go into 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 is difficult. Let’s say you get an award for $2 million. If the total insurance policies from all the guilty parties only amount to $1.5 million, you may have a tough time getting that last half million, even though technically, they owe it to you.
Some recent accidents may shed more light on the situation. One of our clients, a woman in California, was a victim of an 18-wheeler truck accident; we helped her recover a settlement of $1 million. A truck accident victim in northeastern Pennsylvania was awarded a $26 million settlement. A man from Texas was awarded $140 million, which is one of the biggest settlements ever following an 18-wheeler truck accident.
What is the Average Semi-truck Accident Settlement?
Semi-truck accidents vary in severity, and so do semi-truck accident settlements. Settlement payouts can range between $0 and $80 million, but the average semi-truck accident settlement in the U.S. is around $40,000.
One of our law firm’s famous attorneys, Tina Eshghieh, Esq., helped a client receive a settlement of more than $3 million. This is just one of the many semi-truck accident cases that the team of Arash Khorsandi, Esq., handles at Arash Law.
However, 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.
Any prominent semi-truck accident victim should seek legal representation to ensure they receive fair compensation for any lost wages or medical bills incurred due to 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.
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 to 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 or not the case goes to trial is another important factor affecting a truck accident settlement. If the case goes to trial, the parties may recover more damages. 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 dangerous by their very nature. 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.
Further, truck accidents are increasing instead of decreasing. This is even though we have more stringent laws to regulate the trucking industry and greater awareness of the dangers of these big 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 injury and 5,700 deaths. New York accounted for 108 of the fatal truck accidents that year. The trucking industry accounted for 9% of all vehicles involved in a fatal car accident in the U.S. in 2021.
Causes and Effects of Semi-Truck Accidents
When it comes to semi-trailer accidents, there is often a lot of 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
Truck drivers are often overworked. They drive exhausted, leading them to make bad decisions or even fall asleep at the wheel. 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 like 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 tail lights, 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 many different parties could hold responsibility. 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 vehicle parts manufacturers.
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. Entrust us with your case for assistance 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:
- The 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 from lack of driver recognition, 12% from non-performance, and 9% from 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, but the FMCSA’s new rules hold the company responsible for the actions of its drivers regardless of employment status. You could have a case against the individual driver or the trucking company after a driver-caused collision.
- The truck company. Sometimes the company itself is the primary defendant. This might be the case if the proximate cause of the accident had to do with 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 might pursue a claim with their insurance company.
- Cases against city maintenance crews abide by the rules of suing the government. In California, this means you only have six months to notify the government of the claim. Cases involving vehicle part manufacturers are product liability claims that come with their own rules.
- The third-party that may become more involved in future truck accident claims are 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 to blame.
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 roadway’s condition, 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 and maintain a steady head as you go through the process of a semi-truck accident settlement. A semi-truck accident lawyer can give you a helping hand and take some of the worries off your shoulders.
Arash Law, under the supervision of Arash Khorsandi, Esq., suggests the following:
- Health and 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, making yourself available to assist other drivers 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 necessary for insurance claims and seeking fair compensation for your injuries. 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.
- Contact the emergency services and 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 and witness details – If you can, it is best to collect pictures of the collision, injuries, any damage to your vehicle, the condition of the road, and any other important details of evidence that will aid your claim later on. It is also essential to collect the contact information of the truck driver, including names, phone numbers, and vehicle registration numbers. Witnesses can also be helpful in your semi-truck accident case, so it’s best 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 make them aware of what transpired. However, you must not tell your insurance company any details about the accident. Otherwise, they may use this information against you to reduce the value of your settlement.
- Seek legal representation – To file a successful claim, it is best to seek legal representation from a reputable law firm, such as Arash Law, founded by famous attorney Arash Khorsandi, Esq.
Reasons Why You Should 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 lawyer:
The Insurance Company May Not Be Negotiating in Good Faith
Sometimes, the truck driver’s insurance policy may not be negotiated in good faith. They may be trying to offer a low settlement value to avoid paying out more money in damages, such as medical costs and lost wages. A semi-truck 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. A lawyer will guide you through the legal process and help you get a high settlement value.
You May Not Feel Like You Are Up to Negotiating a Settlement
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 attorney 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 lawyer can help you understand the process and what to expect.
Talk to a Semi-Truck Accident Lawyer for a Free Consultation Today
Hire a truck accident attorney today. Arash Law, under the supervision of Arash Khorsandi, Esq., offers free consultations to injured victims and their families. We offer a free consultation with a fee contingency agreement. We aren’t paid until we win full and fair compensation for you.
A consultation with one of our attorneys trained in this area can help you better understand your rights and options. For example, you may be entitled to significant compensation for your injuries, and our attorneys can help you get the money you deserve, just like the $500 Million we have recovered for other clients.
If you want more information on average semi-truck accident settlements or to discuss your case with a semi-truck accident lawyer, please call our law firm for a free case evaluation. We can review your case and inform you if you have a valid claim. So, call us today at (888) 488-1391 to schedule a free consultation.
