18-Wheeler Accident Settlement: How Much Compensation Can You Get?
The 18-wheeler accident is one of the most serious varieties of motor vehicle crashes. The weight of these trucks is usually much higher than that of a passenger car, which causes severe injuries, high property losses, and numerous financial problems for the victims. In case you were involved in an accident with such a vehicle, you probably wonder how much money will be compensated to you.
The exact figure is individual for every victim, as there is no standard payment for victims of 18-wheeler accidents. The sum varies from quite small for minor injuries to huge amounts of money for disability or loss of life.
There are some factors that affect the amount of settlement:
severity of injuries
expenses for treatment
loss of salary
diminished earning capacity
pain and suffering
losses due to damage of property
the proof of fault.
Another aspect that complicates 18-wheeler accident settlements is liability. Not only the truck driver, but the trucking company, cargo loader, maintenance provider or any other party connected to the management of the vehicle can be liable for the crash.
In addition, it is important to remember about the insurance coverages for trucking companies. The limits of such policies are significantly higher than the limits of auto insurance polices, yet they depend on the type of operation, cargo, terms of the policy and other factors.
The most important thing you should understand is that estimation of the settlement amount online is never accurate. Even two similar cases may result in different amounts of compensation
How Big Could an 18-Wheeler Accident Settlement Be?
Although people look for some kind of average settlement amount when it comes to 18-wheeler accidents, there is no universal amount applicable for all of them. Some sources in the field of law list certain ranges from a few tens of thousands to millions of dollars based on the severity of injuries. However, these numbers show just what is possible, but do not predict anything.
So, a person who has a relatively mild injury and made full recovery after it would probably make considerably less money than one who has a spinal cord injury that requires lifelong treatment.
Injuries considered to be moderate include fractures, severe cuts, herniated disks, surgery, and rehabilitation period.
In case of severe or catastrophic injuries, claims will probably be very high as such kinds of injuries include things like traumatic brain injury, spinal cord injury, paralysis, amputation, burn injuries, and many others. Treatment for these injuries will probably last for many years, and a person will need additional care, rehabilitation, assistive devices, home adaptation, etc.
Sometimes, wrongful death cases might result in considerable damages, and it depends on the state law and situation with the victim's family members and their financial conditions.
The point is that medical bills do not define how much a person will get from a claim because there could be several other factors that will be taken into account. Lost income, diminished ability to earn money in the future, pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, etc., could all be included in a claim as well.
Another factor to be considered is comparative negligence as in such states a victim's compensation might be reduced due to his or her fault.
Thus, instead of focusing on only the amount of money, it is better to consider the overall impact of an accident
Types of Compensation Available to You?
An 18 wheeler accident settlement will likely involve multiple types of compensation depending upon the state and the type of claim involved.
Medical Bills
Often one of the major parts of an accident claim includes payment for all medical bills resulting from the crash. This may include the cost of transporting a patient to the hospital, ER charges, hospitalizations, operations, medications, physical therapy, rehabilitation, diagnostic procedures and many other medical services that may be needed.
Future medical bills for serious injuries may play a critical role in the amount of compensation you may receive. It is possible that a patient will need additional operations, physical therapy, durable medical equipment or care in the future.
Loss of Income
If a person suffered an injury that caused him to lose his job or prevented him from working then he may have claims for the lost wages during the time of his recovery.
Loss of Future Income
A serious injury that precludes a person to return to work or continue performing the same tasks will result in loss of future income. In some states, there will be claims for loss of future earning capacity.
Pain and Suffering
These are non-economic damages and the compensation will be awarded for the physical pain and suffering endured as a result of the crash.
Property Damages
Any damage done to the vehicle and any personal property may also form part of the claim.
Punitive Damages
These types of compensation are available only in specific jurisdictions and for specific cases when the conduct of the defendant was particularly negligent.
Every state has different laws and different types of damages that are allowed in claims, hence victims must determine which type of compensation is available under the specific state laws applicable to their case
What Can Make Your Settlement Higher or Lower
The following are some of the factors that can influence the settlement amount from the insurance company after the occurrence of an 18 wheeler accident.
Permanent disability of the injured person: Permanent disability can result in higher potential damage since it can have an impact on medical, job, and living costs for many years or even decades.
Strength of liability evidence: Liability can be established easily in cases where there is reliable evidence proving that the 18 wheeler driver, the trucking firm or any other party is responsible for causing the crash.
Truck company records: The available evidence could comprise driver logs, electronic logging data, vehicle inspection information, maintenance information, communication between the dispatch office and the drivers among others. It could be used in proving that there was breach of regulations or procedures set by the company.
Insurance coverage: Insurance coverage can have an impact on how a claim will be settled. The commercial trucking firms usually have high liability coverage. But, there are different types of policies and limits.
Percentage of your fault: If the injured party is found to be responsible for the incident, his or her recovery could be lowered based on the comparative fault laws of the state.
Medical documentation: Proper documentation and medical treatment could be required to prove the extent of the injury.
Potential future losses: Injuries that make it hard for someone to work or injuries that require him or her to undergo lifelong treatments can have greater financial effects compared to injuries that are temporary
Settlement Process
The settlement process for an 18-wheeler accident may start with the examination of the incident itself and determining the potentially liable parties. Because truck accidents can imply a greater number of responsible companies and more evidence, the investigation process may turn out to be more difficult than in the case of a regular accident.
First, one needs to gather necessary evidence. The list of evidence includes the accident report, photos, video footage, witnesses' declarations, medical records, data about the vehicles and trucking company records.
Then it is time to calculate damages. Medical bills, loss of income, car repairs, future expenses and non-economic damages can be taken into account.
The next step is presenting a demand letter to the insurance company of the potentially liable party. Then the insurer will make an offer and negotiations can start. Negotiations in trucking accident claims may include a few rounds of offers and counteroffers.
If the parties are unable to reach a mutual agreement, the case may move forward to the court process. Starting a lawsuit does not mean that the matter is going to trial, many cases settle in the litigation process as well.
Victims also need to keep in mind that the statute of limitations differs from state to state and failing to meet the applicable deadline can significantly hinder your chances of recovery.
In general, the settlement of 18 wheeler accident can depend greatly on the individual case circumstances. There is no exact sum, and there is no online settlement calculator which can determine the compensation of each victim.
If you were injured in an 18 wheeler accident, gathering the necessary evidence, adhering to the medical recommendation, calculating your losses and consulting a lawyer who specializes in truck accident cases can help you understand your options.
Editorial & Jurisprudential Disclaimer: This publication is prepared strictly for educational, academic, and legal research purposes and does not constitute formal legal counsel. For specific legal representation or jurisdiction-specific advice, consult a licensed attorney admitted to practice before the competent bar.
