Settlement is a better choice than going to trial in case of a truck accident. No amount of money will undo the damage or the loss of a loved one due to an accident. However, the goal of the judicial system is to provide victims with the compensation they deserve.
When a semi-trailer or other big vehicle causes an accident, the resulting payout might be anywhere from a few thousand dollars to several million dollars. Yet, trucking firms might only hold $750,000 in liability insurance. To increase your settlement amount in case of a truck accident, you might require a personal injury attorney in Texas to handle your case.
Personal Injury Settlement and the Law
It is the responsibility of truck companies and their drivers to adhere to the regulations imposed by both federal and state statutes. You can’t file a truck accident lawsuit if you are deemed partially responsible for the accident that resulted in those damages.
Further, under Texas law, you can’t seek damages if you are found to be at least 51% responsible for your injuries. When determining the settlement amount you may expect after a truck accident, you need to consider several factors, including liability, fault, property damage, emotional distress, and ability to pay.
What Determines the Settlement Amount in a Truck Accident?
Injuries and liability are the two primary pillars of every truck accident lawsuit.
An injury is a physical or emotional pain brought on by the actions of another person or business. While determining liability, you must determine who was at fault for the incident. Each side will examine the other’s evidence, including police records, expert testimony, photographs, and other tangible proofs, to piece together what occurred at the site of the accident.
Not always is the truck driver at fault. Sometimes the accident might be caused in whole or part by the other person’s negligence.
How Much Can You Recover in a Truck Accident Settlement?
Insurance requirements for trucking firms vary depending on the cargo transported, which are governed by theFederal Motor Carrier Safety Administration (FMCSA). However, a semi or 18-wheeler may inflict catastrophic harm to those in a passenger vehicle.
Injured drivers of passenger vehicles often find that their insurance policies don’t come close to paying their medical expenses, which may easily run into millions of dollars. Here are the damages you can be compensated for after a truck accident:
- Medical costs include those incurred for examinations (such as MRIs, CT scans, or ultrasounds), prescriptions, doctor visits, and hospital stays.
- Disablement, both current and potential, may result in monetary losses
- Replacement of property and transportation
- Anguish and distress
If your loved one died in a car accident involving a truck, you might have grounds to file a wrongful death claim. To know for sure, contact a wrongful death attorney in Texas and discuss your case specifics.
How Can You Increase Your Truck Accident Settlement Amount?
Compensation for losses sustained in a truck accident is determined by the extent of those losses and the medical expenses incurred directly. The factors that help increase the truck accident settlement are:
- Is it evident that the truck driver or trucking firm is responsible for the crash? The defendant may opt for trial and not a settlement if the fault is questionable.
- Suppose there’s any chance that you contributed to the accident. If you were more than 50% at fault in a truck accident in Texas, you would not be eligible for compensation. However, if it is any less than 50%, your case may proceed to trial, and the jury would cut your ultimate damages judgment accordingly.
- Your injuries’ degrees of severity are also important. It is generally accepted that the more severe your injuries, the more money you stand to obtain in a settlement or verdict. The extent of your injuries is measured by how long it will take you to recover from them, the number of procedures you’ll require, and the extent to which you were disfigured or crippled.
- All the money you’ve spent on health care is taken into account, too. It means anything from an ambulance drive to a hospital stay, as well as surgeries, procedures, medical equipment, in-home care, routine doctor’s appointments, physical therapy, occupational therapy, psychiatric counseling, and medication.
- To avoid the potentially unwanted publicity that would come with a trial, some trucking firms may give you a higher settlement amount to settle your claim before it goes to court.
- The defendant’s financial situation is another consideration that might affect the final settlement amount. So, if you go to trial and get a judgment for $2 million, but the defendant only has $200,000 in insurance and no other assets, you will only receive $200,000.
How Can Your Lawyer Help Increase Your Truck Accident Settlement Amount?
Quick settlements are ideal after truck accidents, but it takes negotiating skills to arrive at the best possible settlement amount. Confide on your injury attorney in Texas
to help determine the costs that must be met while assuming the least possible liability.
Your personal injury attorney in Texas will construct your case with the help of gathered information through an in-depth investigation of the circumstances surrounding your accident. Your attorney will contact the relevant experts and compile the correct evidence to prove your losses.
Call a Personal Injury Attorney Today
Having an attorney by your side is best to get a better settlement for a truck accident. If you’re looking for a lawyer to advocate on your behalf, The Buzbee Law Firm might be the right choice for you. Your attorney understands that it is very improbable that you will get the whole amount requested, but you and the trucking business should be able to come to an agreement that gives you the settlement you need and deserve. Our attorneys have the negotiating power to ensure you get the highest possible settlement for your damage.