What Is the Average Settlement for a Semi-Truck Accident?

August 5, 2024 / Truck Accident FAQ

Semi-truck accidents are not just frightening experiences; they can turn lives upside down instantly. From serious injuries to mounting medical bills and emotional trauma, the aftermath of a collision with a semi-truck can be overwhelming. If you’re caught in this unfortunate situation, one question likely dominates your thoughts: What kind of settlement can I expect?

The average settlement for a semi-truck accident is hard to pinpoint since many individual circumstances and factors determine compensation. Every case is different, as are the injuries and costs that result from the accident, so, depending on the circumstances, settlement amounts can range from thousands to millions of dollars.

Many factors can impact the amount your semi-truck accident case is worth. They include the skill and negotiating power of your attorney to prove and handle your case and the inclinations of the individual jurisdiction, judge, and jury if there is a trial.

Regardless of the average settlement, our truck accident lawyers can determine your case worth and the best way to fight for compensation that covers all your damages.

Why Truck Accidents Are So Complex

Every truck accident case is unique due to the numerous factors involved. Unlike collisions between two passenger vehicles, which typically involve two insurers, truck accidents often involve multiple insurance companies.

Determining fault is generally simpler in passenger car accidents. In truck accidents, however, multiple parties could be at fault.

In a truck collision, fault might lie with the drivers of the passenger cars or the truck driver. However, the vehicle operators may not be the only ones responsible. Other factors could include:

• Truck Malfunctions: If something on the truck malfunctioned, preventing the driver from operating safely, the company responsible for maintaining the truck could be at fault.
• Cargo Issues: Improperly loaded cargo, causing the driver to lose control, could implicate the shipping company or the cargo owner.
• Trucking Company Policies: Due to company pressure, the trucking company could be liable if the truck driver was forced to work extra shifts or operate before being ready.

These examples illustrate the complexity of truck accident personal injury cases. Multiple factors and parties can be involved, making it challenging to estimate a settlement amount without thoroughly examining the specifics of the case.

Factors That Play a Role in Settlement Amounts

Several critical factors come into play when determining the settlement amount for a semi-truck accident. Here’s a detailed look at the key considerations that influence settlement amounts in semi-truck accident cases:

1. Severity of Injuries

The extent and severity of injuries sustained in a semi-truck accident significantly affect the settlement amount. Serious injuries requiring extensive medical treatment, rehabilitation, and long-term care result in higher settlements.

2. Medical Expenses

The expenses incurred due to the accident, including hospital bills, surgeries, medication, rehabilitation, and ongoing medical treatment, are factored into the settlement amount. Documenting all medical expenses is crucial for accurately assessing the compensation you are entitled to receive.

3. Lost Wages and Future Earning Capacity

If the accident caused you to miss work or rendered you unable to work in the future, you may be entitled to compensation for lost wages and diminished earning capacity. Calculating future lost income requires thoroughly evaluating your occupation, skill set, and earning potential.

4. Property Damage

Besides personal injuries, semi-truck accidents often involve significant property damage, including damage to vehicles and other property. The cost of repairing or replacing damaged property is factored into the settlement negotiations.

5. Liability and Fault

Determining liability and fault in a semi-truck accident is crucial in securing a fair settlement. If the truck driver or trucking company is found to be negligent or at fault for the accident, they may be held liable for damages.

6. Insurance Coverage

The insurance coverage available to the parties involved in the accident can impact the settlement amount. Trucking companies often have substantial insurance policies to cover accidents involving their vehicles, which can affect the potential settlement.

Who Is Liable for the Truck Accident?

State and federal safety regulations govern the trucking industry, and failure to meet them creates liability. The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic. The Federal Motor Carrier Safety Administration (FMCSA) has rules for driver’s license standards, safety and fitness procedures, financial responsibility for motor carriers, maximum hours truckers can drive, and what vehicle inspection, repair, and maintenance are required. When these regulations are not adhered to, the responsible parties can be found negligent and liable for damages.

As a result, depending on the circumstances, liable parties may include:

• The truck driver
• The trucking company that owns the truck or the company that leased the truck
• The owner of the cargo and the party that loaded it
• Third-party contractors
• Other negligent drivers
• The manufacturer of the truck or its equipment or parts
• The mechanic responsible for maintaining the vehicle
• The government entity or other party responsible for maintaining the road.

Proving Negligence in Truck Accident Cases

Proving negligence in semi-truck accidents requires attorneys to demonstrate four key elements:

• The at-fault party had a duty of care to the victims.
• There was a breach of that duty of care.
• This breach caused the victims to suffer injuries.
• The victims incurred damages as a result of the trucking accident.

The Damages Your Case Involves

Whether your injuries were caused by negligence from a delivery truck accident, dump truck accident, or any other semi-truck or commercial vehicle accident, Indiana allows victims to recover an award for compensatory damages.

These may include:

• Medical, rehabilitative, and equipment costs
• Lost wages and future earning capacity
• Property damage
• Pain and suffering
• Mental anguish and emotional distress
• Permanent disability
• Disfigurement and permanent scarring
• Loss of enjoyment of life.
• In certain circumstances, punitive damages may also be awarded to punish negligent parties for willful negligence or especially egregious behavior and to act as a deterrent for similar misconduct.

Consulting with a skilled dump truck accident lawyer can be crucial. Higher amounts are often awarded based on age, health, status, family responsibilities, and earning ability.

An Accident Resulting in Death May Increase the Value of a Truck Accident Case

When a truck accident results in a death, the settlement amount is usually higher. If a death occurs, our attorneys may be able to file a wrongful death lawsuit. The Indiana Adult Wrongful Death Act (AWDA), Indiana Code 34-23-1-2, provides that when a death is caused by the wrongful act or omission of another, the deceased person’s personal representative may maintain an action against the negligent party.

What Can You Do After a Semi-Truck Accident?

The actions you take after an accident can greatly impact your potential compensation in a lawsuit. For truck accident cases, if you’re aiming for an average settlement amount, you should consider the following steps:

• Seek immediate medical attention.
• Obtain a doctor’s report documenting injuries.
• Collect evidence, including photos or video footage.
• Seek legal representation.
• Inform the insurance provider about the incident.

How Our Attorneys Can Help with Your Semi-Truck Accident Case

Dealing with the aftermath of a semi-truck accident can be overwhelming, especially when facing severe injuries, property damage, and the complexities of insurance claims. At Stephenson Rife, our experienced attorneys are dedicated to helping you navigate the legal process and secure the compensation you deserve. Here’s how our team can assist you in your semi-truck accident case:

1. Thorough Case Evaluation

A detailed case evaluation is the first step in pursuing a semi-truck accident claim. Our semi-truck accident attorneys will review the specifics of your accident, gather essential evidence, and assess the viability of your claim. This initial consultation allows us to understand the full scope of your situation and develop a tailored legal strategy to achieve the best possible outcome.

2. Investigation and Evidence Collection

Semi-truck accidents involve multiple parties and complex evidence. Our legal team thoroughly investigates, collecting crucial evidence such as accident reports, witness statements, electronic logging device (ELD) data, and surveillance footage. We also collaborate with accident reconstruction experts to establish liability and strengthen your case.

3. Handling Insurance Companies

Dealing with insurance companies can be daunting, especially when they attempt to minimize your claim. Our attorneys have extensive experience negotiating with insurance adjusters and protecting your rights. We will advocate to secure a fair settlement covering your medical expenses, lost wages, property damage, and other losses.

4. Expertise in Federal and State Regulations

Semi-truck accidents are governed by federal and state regulations, including those set forth by the Federal Motor Carrier Safety Administration (FMCSA). Our attorneys are well-versed in these regulations and use this knowledge to identify any violations that may have contributed to the accident. This expertise is critical in building a strong case against the trucking company or other liable parties.

5. Comprehensive Damage Assessment

Accurately assessing the full extent of your damages is essential for obtaining a fair settlement. Our attorneys will work with medical professionals, economists, and other experts to evaluate your current and future medical needs, lost earning potential, and non-economic damages such as pain and suffering. This comprehensive assessment ensures that all your losses are accounted for in your claim.

6. Litigation Support

While many truck accident claims are settled out of court, some cases may require litigation to achieve a just outcome. Our attorneys are seasoned litigators who are prepared to take your case to trial if necessary. We will present a compelling case on your behalf, utilizing our extensive legal knowledge and courtroom experience to fight for the compensation you deserve.

Contact Us Today for Trustworthy Representation

If you’ve been injured in a semi-truck accident, seeking legal guidance from a reputable law firm like Stephenson Rife is essential. At Stephenson Rife, we understand your challenges and are here to help. Our team is dedicated to advocating for your rights and securing the compensation you need to rebuild your life.

Attorney Mike Stephenson

Attorney Mike Stephenson has 40 years of experience and is a trusted advisor to many individuals and companies. His current practice is dominated by civil litigation in state and federal courts. He focuses much of his time on handling catastrophic injuries caused by all types of accidents, including motor vehicle, trucking, workplace injuries, product liability, just to name a few. Mike is a proven advocate and trial attorney. He has served as lead trial counsel in more than 100 civil jury trials, and has handled litigation in 18 states. [ Attorney Bio ]