How Much Compensation Can You Receive From a Truck Accident?
A truck accident is one of the most economically and physically damaging experiences that one can go through. In many cases, commercial trucks such as 18-wheelers and other heavy-duty vehicles cause extensive damage because of their weight. As a result, one can get severe injuries, property damage, or suffer long-term consequences. If a crash was caused by another person or company, one can get compensation for all losses suffered.
However, the amount of compensation that one can receive after a truck accident is not defined. Each case has different conditions and specific circumstances; therefore, there is no guarantee that one will get particular damages. Several factors can influence the amount of money one can receive: the seriousness of injuries, medical bills, lost wages, property damage, pain and suffering, future losses, and other elements.
For instance, if a victim suffers minor injuries, comes back to work soon after the crash and has only a couple of medical bills, the compensation received from the claim will be smaller compared to a person with a spinal injury or a traumatic brain injury. Moreover, in the case of a deadly truck accident, there will be a separate wrongful death claim with various types of damages.
Moreover, it is worth mentioning the size of insurance coverage. Often commercial trucks have considerable liability insurance, but the presence of the policy does not mean that the compensation will be equal to its limit. To obtain the money, the victim will still need to prove his/her guilt.
The knowledge about the compensation that one can get can be very useful when evaluating a case
What Kind of Compensation Are You Entitled To?
Usually, compensation in case of truck accident includes economic damages and non-economic damages. Economic damages are financial losses that are easy to calculate through financial statements and documents. Non-economic damages cover those losses that cannot be measured by financial documents.
Medical expenses often make up one of the key elements of a claim in a truck accident. Medical expenses can include ambulance transportation, treatments in the emergency room, hospitalization, operations, tests, medications, physiotherapy, and any other appropriate treatment that was needed because of the accident.
If an injury leads to the necessity of ongoing treatment, future medical expenses will also be considered as part of a claim. For instance, in case of a spinal injury, one can require compensation for further treatment and all the expenses associated with it, such as physiotherapy, medical devices, etc.
Loss of income can be another significant item. In case your injuries are so severe that you are unable to work, you may claim for lost wages during the period of your recovery. It is also possible that the injury may make it impossible to return to your previous job or earn as much as before. Depending on the state laws, it is possible to claim compensation for the reduced earning capacity.
There may also be some property damage – repair and replacement of a vehicle.
Non-economic damages can cover physical pain, emotional distress, loss of ability to enjoy life, disfigurement and other consequences of the injury
What Is a Truck Accident Settlement Worth?
Although people search for an average truck accident settlement figure, an average value may be inaccurate. The values of such claims may range from small figures to considerable settlements or judgments depending on the extent of injuries.
An injury case that involves minor injuries might be worth less than a case with surgery, permanent injury, or extensive medical care. Also, the losses incurred can make the claim to be worth more. A person who incurs high medical expenses and loses a lot of time off work may incur significantly more losses.
The impact of an injury in the long run can make a difference in the case's value. If an injury means that a person is no longer able to do the job, the claim could include losses for all the wages the victim lost as well as for the earnings in the future. Or, if someone will require future medical treatment, the future cost can make a significant part of the total claim.
Pain and suffering might affect the value as well. Serious injuries that result in chronic pain, permanent disabilities, scars, or a change in someone's lifestyle can support much larger non-economic damages than injuries that last a while.
The fault percentage of the parties involved might affect the settlement as well. In states with comparative-fault rules, the percentage of liability of the plaintiff may reduce the recovery in proportion to his fault percentage.
Also, insurance coverage might affect the value of the case. The policy limit is never an automatic figure to determine the settlement amount. The party making a claim needs to prove legal responsibility and loss suffered because of an accident.
Therefore, the claim's value should be calculated taking into account damages and other relevant information
Things That May Either Increase or Reduce Your Compensation
There are several things that can play an important role in determining the size of your settlement.
Level of harm: Severe or permanent injuries often mean higher damages since their treatment often requires a lot of money, and they affect the ability to earn a living and live a normal life.
Medical reports: Medical records are used to determine what kind of injuries you sustained, what is your treatment plan, your prognosis, and how your injuries are connected to the incident. Seeking proper medical assistance after an accident can therefore be very important.
Proof of negligence: Photos, videos, police reports, witness accounts, data from vehicles, and other evidence may be used to prove how the accident happened. Truck accidents may be investigated based on electronic data and records from trucking companies.
Loss of income: Pay stubs, information from your employer, tax documents, and other evidence may be used to prove loss of income caused by the accident.
Future losses: In case of an injury affecting the ability to work and/or requiring long-term treatment, future losses will likely play an important role.
Insurance: Insurance may play a role in how the settlement of your claim will go, but it is not used to determine liability.
Comparative negligence: If you are found to be partly at fault for the accident, this may reduce the size of your recovery according to the applicable state laws.
Whether there are other parties at fault in your case is another thing that can matter greatly.
As a result of all these things, two people who have been involved in seemingly similar truck accidents may receive vastly different amounts of compensation
Actions to Take After Truck Accident
After the truck accident happened, it is important to take the right actions at the right time to ensure that you are not affected both physically and legally.
First, you will need to see a doctor. It could happen that you do not know about your injury until after some time. In addition, any medical documentation is valuable in any case.
Second, you should report the accident and collect all the information you can. You should take pictures if you can; this includes the state of the vehicles, the condition of the road, the picture of the visible injuries, traffic signs, and the surroundings. Get the information of the witness.
Third, you should keep all medical bills, treatment records, prescriptions costs, estimates, income data, and all other documents related to the accident. They will show what damage the accident did.
Fourth, you should be careful while talking with the insurance company. It is necessary to give all the right information and do not make any guesses regarding who was responsible and how serious were your injuries.
Do not accept the initial offer. It can happen that the first offer from the company will not cover the future medical expenses, future lost wages, and the effect of severe injury. After signing the release of claim, you might not get any further compensation.
If you have suffered serious injuries or there are several parties involved, it would be wise to consult an experienced truck accident lawyer.
There is no average compensation amount in such cases. The amount of recovery will depend on many factors, including damages, evidence, liability, insurance coverage, and applicable laws.
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.
