Among the different types of road accidents that occur, those involving an 18-wheeler truck or trailer are the most deadly. Studies have found that there are over 160,000 truck accidents taking place annually.
Out of these, at least 3% result in fatalities. The 32% involving injuries is nothing to rejoice about since truck accidents involve disabling injuries. These include brain trauma, spinal cord damage, whiplash, and more. Some victims are left crippled for life.
Even the lawsuits that follow are overwhelmingly challenging and complex. The plaintiff often needs to endure a tedious hearing and trial before settlements are made. In this article, we will discuss the important aspects of a truck accident lawsuit settlement.
When and How Soon Do Settlements Happen?
In case of a truck accident lawsuit, settlements may take place any time after the accident depending upon the jury’s verdict. The timeline for the settlement may depend upon the complexity of the case. In general, large truck accident lawsuits are convoluted due to multiple liable parties.
The trucking accident lawsuit guide states that trailer-truck accidents occur due to bad weather, driver fatigue or intoxication, and overloaded cargo, among others. If a number of these factors contributed to the accident, investigators will need adequate time to identify each at-fault party.
For instance – the driver’s working hours may be checked against the Federal Motor Carrier Safety Administration’s (FMCSA) regulations. Then, the truck’s Event Data Recorder (EDR) and the trucking company’s Electronic Logging Device (ELD) will be examined for details like the truck’s speed, any sharp turns or sudden brakes, etc.
In most cases, multiple insurance companies are also involved depending on the liable parties. These companies may approach the victim a few days after the accident to offer quick (but unfair) settlements. It is best to hire an experienced attorney and take the case to court for fair payouts.
As insurance companies see that the victim is aware of their rights, they start making fair settlement offers. Given the complexity involved in the discovery process, truck accident lawsuits may take several months to reach settlements.
What is the Average Settlement Amount?
The settlement amount a plaintiff receives for a trucking accident case may vary based on the case’s injuries. The payout will be huge even in cases where the trucking company is the liable party and is highly reputed.
If left to the mercy of insurance companies, it’s nearly impossible for the victim to retrieve fair amounts. There have been cases where the victim was given multi-million dollars in settlements, as high as $101 million.
Others (those involving less severe injuries) may be settled with thousands of dollars. On average, the victim will be eligible to receive a few thousand dollars. If the case goes to trial, the jury’s verdict will determine the settlement amount the insurance company must offer.
Types of Damages Involved
Visible physical injuries and loss are among the most common damages for which a victim of a truck accident is offered compensation. According to TorHoerman Law, the court will dig deep into each case to understand its unique aftermath.
Based on that, the victim may be able to recover money from the defendants for the following damages –
- Emotional suffering
- Medical bills
- Property damage
- Loss of income
- In case of a fatality, the cost of the funeral and loss of support for the family
- Punitive damages
- Loss of consortium, such as the companionship of a spouse
Cases of Shared Liability
It is important to mention here that most US state laws make room for the victim’s fault in the accident as well. It may be possible that the victim also contributed to the accident by not maintaining blind spots, violating speed limits, etc.
In such cases, they will need to share the fault with the defendants. As a result, the original compensation amount will be reduced. Let’s understand this better with the help of an example – suppose a driver in the state of Florida incurs legal damages worth $50 million.
On further investigation, the court discovered that the victim was 80% responsible for the accident. Based on the state’s law of pure comparative negligence, the victim’s compensation would decrease to $10 million.
If the same accident occurred in Texas, the victim would be eligible for no compensation. This is due to the state’s 51% comparative negligence rule.
Factors Influencing the Final Settlement Payout
Before the final settlement amount is decided for a truck accident lawsuit, the court will scrutinize the following factors –
- The severity of the injuries, whether they are disfiguring, temporary, or permanent
- Whether the injuries will permanently impact the victim’s income-earning capacity
- Victim’s age
- Their occupation and level of education
- The number of family members who may bring a loss of consortium claim
- The attitude of the trucking company before the crash
- The truck driver’s ability to control the vehicle
Closing Thoughts
In light of the high number of annual truck accidents, countries worldwide (especially logistics hubs) are taking measures to enhance road safety. Some places have merged multiple lanes into two to three at most (to create unobstructed wide space for 18-wheelers).
Interstates or roads without proper signage and digital signals are being given special attention. Strict and random alcohol checkpoints are ensuring drivers do not get onto the streets until sober.
However, drivers also need to do their part of avoiding distractions, maintaining blind spots, watching speed, and wearing a seatbelt.