Picture this: you’re driving down the road, minding your own business, when suddenly a massive commercial truck slams into your vehicle. Your life changes in an instant. You’re facing injuries, medical treatment bills piling up, and maybe even the inability to work. It’s a scary and overwhelming situation, but thankfully there’s something called commercial truck accident settlements to help you get back on your feet. But how do these commercial truck accident settlements work, and what factors can affect how much money you receive? This is what we will be looking at today.
Table Of Contents:
- What Makes Commercial Truck Accident Settlements Different?
- Navigating the Legal Process
- Special Considerations for Truck Accident Settlements
- Why Hiring an Experienced Truck Accident Attorney Matters
- FAQs about commercial truck accident settlements
- Conclusion
What Makes Commercial Truck Accident Settlements Different?
Commercial truck accidents are usually much more serious than a typical fender bender. They often involve catastrophic injuries because of the sheer size and weight of these trucks. Think about it – an 18-wheeler can weigh up to 80,000 pounds. When a truck that big collides with a car, the damage can be catastrophic.
According to nationwide data from the Federal Motor Carrier Safety Administration, there were 4,630 fatal crashes involving large trucks in a recent year, leading to 5,184 wrongful deaths. These tragic statistics underscore the gravity of these accidents involving commercial vehicles.
And it’s not just the size of the trucks that makes these accidents complex. The trucking industry has many regulations, from driver’s hours of service to maintenance requirements. Figuring out who is responsible – the truck driver, the trucking company, or even a parts manufacturer – can be like untangling a messy knot.
Factors Influencing Settlement Amounts
Every truck accident is different, but here are some common factors that can influence the settlement amount:
- Severity of injuries: As you might expect, more severe injuries like broken bones, spinal cord injuries, or traumatic brain injury typically result in higher settlements. These injuries require more medical care, often long-term rehabilitation, and can significantly impact your ability to work and enjoy life.
- Liability: Was the truck driver speeding, drowsy, or distracted? Did the trucking company fail to maintain their vehicles properly? Determining who is at fault and to what extent is key to settlement negotiations.
- Economic damages: This covers the tangible costs of the commercial vehicle accident, including medical expenses, lost wages (both past and future), and property damage. These are usually pretty straightforward to calculate with documentation like medical bills and pay stubs.
- Non-economic damages: This category covers less tangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. It can be tricky to put a price tag on these things. A common method is the multiplier method, where you multiply your economic damages by a factor based on the severity of your injuries.
Navigating the Legal Process
The legal process of seeking a commercial truck accident settlement can be overwhelming, especially when recovering from injuries. Here’s a simplified overview:
Seek Medical Attention
After any accident, your health is the priority. Even if you think you’re fine, it’s crucial to get checked by a doctor because some injuries, like whiplash or concussion symptoms, don’t show up immediately. Plus, proper medical documentation will be critical to supporting your claim.
Contact a Truck Accident Attorney
This step is essential because commercial truck accident cases are incredibly complex. An experienced attorney will help you understand your rights, gather evidence, deal with insurance companies, and negotiate a fair settlement on your behalf.
Investigation and Evidence Gathering
This phase involves gathering police reports, witness statements, photos and videos of the accident scene, truck driver logs, maintenance records, and possibly data from the truck’s “black box,” which records speed, braking, and other crucial information. Your lawyer will work to build a solid case that establishes liability and proves the extent of your damages.
Negotiation and Settlement
Armed with this information, your attorney will negotiate with the insurance companies involved to reach a fair settlement. This could involve multiple rounds of offers and counter-offers until a mutually acceptable agreement is reached. Most truck accident cases are resolved through settlements, allowing you to avoid a lengthy and often stressful trial.
Special Considerations for Truck Accident Settlements
Beyond those factors I mentioned earlier, there are a few additional aspects that set commercial truck accident settlements apart from standard car accident cases.
Multiple Potentially Responsible Parties
In car accidents, it’s often clear who’s at fault. With trucking accidents, liability could fall on the truck driver, the trucking company, the cargo loader, a maintenance company, or even a parts manufacturer. Identifying all responsible parties is essential for maximizing your compensation.
For example, if faulty brakes contributed to the accident, you may have a claim against the manufacturer of the braking system, not just the trucking company.
Strict Regulations
Commercial trucks are governed by a bunch of federal and state regulations. If violations of these regulations, like driving for too many hours without rest or exceeding weight limits, played a role in your accident, it strengthens your case for liability and could lead to a larger settlement.
Large Insurance Policies
Commercial trucking companies usually have to carry large insurance company policies because the potential damage from an accident can be significant. This often means there is more insurance money available in a truck accident settlement compared to a typical car accident settlement. However, it also means you’ll likely be up against seasoned insurance adjusters who know all the tricks of the trade.
Why Hiring an Experienced Truck Accident Attorney Matters
While it may be tempting to try and handle your truck accident claim yourself, going solo can be a big mistake, especially with such large sums potentially involved. An experienced truck accident lawyer can make all the difference.
Also, most personal injury lawyers work on a contingency fee basis. That means you pay them nothing upfront, and they take a percentage of your settlement if they win your case. If you don’t receive any compensation, you typically owe them nothing. It’s a low-risk way to access quality legal representation and gives you a better shot at a favorable outcome.
Understanding Contributory Negligence
Remember I talked about the complexity of these settlements earlier? A quirk in Maryland truck accident laws could impact your truck accident settlement: something called “contributory negligence”. In many states, if you’re found partially at fault for the accident (even just 1%), you can still recover damages, although reduced.
But, in Maryland, even if you’re deemed just slightly responsible – the law may stop you from recovering any compensation, regardless of the severity of your injuries. That’s why a skilled lawyer becomes even more crucial to help build your case and demonstrate how the truck driver or company was primarily responsible.
FAQs about commercial truck accident settlements
What is a trucking settlement?
A trucking settlement refers to an agreement that resolves legal claims stemming from an accident involving a large truck. Usually, it means the liable party – often the trucker, company, or their insurance – pays a sum to compensate the injured individual for their losses. These losses include medical bills, missed wages, and the emotional toll the incident caused.
Rather than a protracted courtroom battle, both parties agree on a certain amount to settle the matter outside of court. Having a knowledgeable lawyer by your side can be invaluable during these complex negotiations.
How much will you get paid if an 18 wheeler hits you?
Predicting the precise amount is impossible without analyzing the details of your case, however, the laws in each state can play a huge role. In this system, your payout gets reduced by your percentage of fault if deemed partially responsible. While the specifics vary significantly from case to case; these rules significantly affect potential settlement figures. To get a sense of potential compensation range, it’s important to contact a seasoned lawyer well-versed in truck accidents legal intricacies.
Conclusion
Commercial truck accident settlements are a lot more complicated than your average car accident settlement. This means you need someone on your side who understands all those complexities and how to work through the system. Whether negotiating with insurance adjusters or prepping for trial, having an experienced lawyer representing you is vital when seeking a fair settlement and holding responsible parties accountable.
