What's the Average Semi-truck Accident Settlement in Texas? - How a Truck Accident Attorney Can Help
Semi-trucks are huge vehicles that can weigh up to 35.000 pounds when empty. Therefore, it is no surprise that truck accidents tend to result in fatalities, or at the very least, catastrophic injuries.
In Texas, there are countless motor vehicle accidents every year, so victims need an advocate who will go to war for them to ensure they get fair financial compensation. Luckily, the fantastic attorneys from Schuerger Shunnarah Trial Attorneys are willing to help anyone suffering from the effects of a semi-truck accident caused by someone else's mistakes. They can also answer questions like, "What is the most common oil rig injury?"
The following article will explain more about the highest possible compensation someone can get after being in a truck accident and will hopefully convince victims to obtain legal advice from truck accident attorneys.
What Is the Average Truck Accident Settlement?
The truth is that there is no average truck accident settlement. Therefore, each truck accident settlement will be unique and customized to the case's needs. This is because facts and circumstances tend to change depending on the case.
Nonetheless, there are still ways to figure out how much a particular truck accident settlement may be. In order to determine this, the attorney must consider who is at fault for the accident and what damages the victim sustained.
Determining fault is crucial when figuring out the cost of truck accident settlements. If the other person caused the crash, the victim could ask for compensation for their losses.
However, it's crucial to remember that Texas also adheres to a legal principle known as the "modified comparative fault" rule. This implies that if the victim contributed more than 50% to the accident, they wouldn't be able to get financially compensated.
Additionally, even if they contributed less than 50% to the accident, their share of the blame will affect how much they get in their settlement.
Therefore, the potential truck accident settlement will depend greatly on who was responsible for the accident and how much each party contributed.
There can be circumstances in which there was nothing the victim could have done to stop the truck accident, and everyone must know this when determining fault. That's why the following section has a list of examples of situations when it is more likely that the semi-truck driver was the only party at fault:
If an 18-wheeler rear-ended the victim
If the truck driver was intoxicated or distracted
If the victim was stopped at a stop sign or signal
When these circumstances occur, the victim's damages are less likely to be reduced when negotiating a settlement. However, it is crucial to have proof that backs up these claims.
That's why having a knowledgeable truck accident lawyer in Dallas on their side will significantly benefit anyone involved in a truck accident case. A lawyer can help victims assemble the proof they'll need to prove their innocence or, at the very least, that they were less guilty than the other person. Ultimately, doing this will allow victims to recuperate as much money as possible.
How to Calculate Damages for Truck Accident Settlements
Another crucial component of a truck accident case is calculating the total damages the victim sustained. In the legal field, "damages" refers to the financial compensation an injured party receives to make up for the harm caused by another's acts.
Most cases feature economic and non-economic damages, which must be summed up to calculate the settlement. Economic damages will partially cover the accident's costs and any injuries resulting from it. Some common economic damages caused by an 18-wheeler accident include:
Current and future medical expenses
Lost wages or loss of earning potential
Theoretically, identifying and calculating economic losses is less complicated than non-economic damages. In order to make sure that the plaintiff doesn't overlook their recoverable economic damages, they should discuss this aspect with an attorney.
Contrarily, non-economic damages are more complicated to quantify than economic damages. However, they mustn't be overlooked, as they are crucial for making up for the emotional harm accident victims suffer. When calculating a truck accident settlement amount, some common non-economic damages are:
Pain and suffering
Loss of consortium
Reduced life quality
Even though they are more arbitrary than economic damages, non-economic damages usually account for a sizable amount of the final compensation. Therefore, before accepting any settlement offer, victims should always talk to their lawyer and determine their non-economic damages.
Knowing the magnitude of the damages is crucial for maximizing the victim's 18-wheeler accident settlement and helping their recovery. A semi-truck accident case's potential damages can be determined with the help of a truck accident attorney who will go to war for their clients, allowing them to get the compensation they deserve.
Why Should Victims Hire a Lawyer?
Cases involving 18-wheeler truck accidents can be long, complex, and tiring. Most law firms understand the victim's situation and know that managing their settlement alone is the last thing they want to do. Fortunately, victims can always hire a lawyer to take care of their cases so they can concentrate on healing their wounds.
A lawyer can help victims prove their innocence or, in the worst-case scenario, that they didn't contribute as much to the trucking accident as the other party. Hiring a lawyer is a fantastic idea because they can calculate losses and give a fresh start to the victim, so they can recover from their severe injuries and take action before the statute of limitations expires.
In other words, a knowledgeable truck accident lawyer can advocate for their clients to make sure they get a fair 18-wheeler accident settlement. Schuerger Shunnarah Trial Attorneys can also advise on how long it takes to stop a fully loaded semi.
Statute of Limitations
The statute of limitations in Texas for personal injury lawsuits, including 18-wheeler collision cases, is two years. This implies that regardless of how long the settlement procedure takes, all legal processes to collect damages caused by the collision must be filed within two years of the date of the accident.
Therefore, trucking accidents victims must file a case within the first two years after the accident date, even if they cannot negotiate a settlement. Otherwise, they risk losing their right to be financially compensated for their emotional and medical expenses.
If the plaintiff shared part of the blame for the accident, their compensation would be lower depending on how much they contributed to it. Comparative negligence in Texas means that if the victim contributed more than 50% to the accident, they would be unable to receive a semi-truck accident settlement from the other party.
A good lawyer will try their best to place the entire responsibility on the other party. Schuerger Shunnarah Trial Attorneys are adept at dismantling the defense's strategies. They have helped truck accident victims for quite a long time and have gathered a fantastic reputation.
Moreover, the Federal Motor Carrier Safety Regulations, sometimes known as FMCSR, offer thorough oversight of truck drivers and transportation firms. Therefore, truck accident lawyers must understand these regulations to find anything that can help their client's cases.
What to Do After a Truck Accident
Seek Medical Attention
Failing to seek appropriate medical care is a mistake that many 18-wheeler accident victims tend to make. However, going to the doctor is crucial, not only to properly heal the injuries but because the victim will eventually need to demonstrate the presence and severity of their injuries to obtain the full compensation they're fighting for. Proving that the accident caused injuries to the victim will be challenging to do without official paperwork from a doctor.
Therefore, getting quick medical help after an accident with an 18-wheeler should be one of the victim's priorities. After consulting a doctor and receiving any required tests, they must also monitor their injuries and how they feel over the next days and weeks, as some injuries take a while to appear.
Some of the most common injuries caused by truck accidents include:
Back and neck pain
Those involved in truck accidents could be eligible for compensation if they sustained any of these injuries because of the accident. Therefore, getting a medical evaluation is crucial to increase the chances of being compensated for all of their damages.
Another important thing that must be done after an accident is taking pictures of the scene. The victim must take care of their safety, but if they aren't at risk, they can also write down the other driver's license plate number or take a picture of them. This simple task can help victims prove the other driver was present at the site of the collision and make it simpler for them to determine who caused the accident.
Moreover, they must take photographs of the two vehicles' damage and any elements of the scene that could have contributed to the collision, such as a blind curve that made it impossible for the truck driver to see the victim.
Let Schuerger Shunnarah Trial Attorneys Take Care of Your Case
Hiring an experienced truck accident lawyer from Schuerger Shunnarah Trial Attorneys is the best way to tackle a trucking accident case, as we will go to war for all of our clients and negotiate with the trucking companies and their insurance company to win the truck accident claim and obtain a proper truck accident settlement amount.