Each truck accident is unique with varying injuries and costs, making estimating the average settlement value difficult. The settlement value of a truck accident may be as low as a few thousand dollars to as high as hundreds of thousands or millions.
Understanding what type of settlement value you might expect is essential in making plans for your recovery. You can determine whether pursuing a settlement is worthwhile. A trusted injury attorney in Kansas City can provide legal support as you learn your rights and seek compensation from the at-fault party.
What Is the Minimum Truck Settlement Amount?
There is no minimum value for truck accident settlements. Generally, truck accidents result in substantial losses. Although there are fewer truck accidents than other vehicle crashes, they regularly have more severe consequences.
The likelihood of fatalities when a truck is involved in an accident is high. According to the National Safety Council, 5,837 large trucks were involved in fatal crashes in a recent year, which has been a 49% increase since ten years prior.
Most serious injuries and fatalities from truck accidents involve passenger vehicle occupants. Trucks weigh 20 to 30 times as much as passenger cars. They also have greater heights and extended ground clearance, which results in smaller vehicles sticking underneath them during crashes.
The braking capability is also a factor during crashes. Loaded tractor-trailers require 20 to 40% more stopping distance than passenger vehicles. Studies also indicate that many drivers violate federal hours-of-service regulations, increasing the risk of accidents.
Factors that Influence the Value of Truck Accident Settlement
Severity of Injuries
Truck accident victims who sustain severe injuries are more likely to receive a hefty settlement amount than those with minor injuries. A severe injury is associated with permanent disability, high medical bills, ongoing care, and rehabilitation.
For instance, a victim of a truck accident with a spinal cord injury is likely to spend numerous months during recovery, which necessitates a high settlement value.
Duration of Treatment
An injury requiring a lengthy treatment plan may require a higher settlement value. A protracted treatment plan means the victim has to miss work, incur hefty transport charges during medical appointments, and endure a reduced quality of life.
Sometimes, the victim may not fully recover, necessitating additional compensation to cover for permanent disability.
Impact on Victim’s Life
An injury with a long-term impact on the victim deserves a higher settlement value. For instance, a truck accident victim with an amputated leg may no longer resume their job or perform daily chores as they once did. Some injuries may also impact the victim’s quality of life, such as the inability to participate in favorite hobbies.
Insurance Coverage
Insurance coverage represents the ability of the at-fault party to cater for accident-related losses. You’ll likely receive a fair settlement value for your losses if the at-fault party holds adequate insurance coverage.
Your insurance might help cover some losses if the liable party fails to cover the entire settlement amount. Alternatively, you can file a personal injury lawsuit against the at-fault party. A judge or jury can issue a court order that compels the at-fault party to cover your losses using their assets or income.
Most Common Semi-Truck Driver Errors
The majority of truck accidents occur due to human error, and here are some common errors that lead to accidents:
Distracted Driving
Distracted driving is engaging in any activity that takes away the driver’s attention. Distracted drivers were involved in crashes that resulted in 3,308 fatalities in 2022. Typical forms of distracted driving include texting, speaking on the phone, adjusting your car stereo, or grooming.
Sending or reading a text may take your eyes off the road for 5 seconds—at 55 mph, that’s like driving the length of your football field with your eyes closed.
Safe driving demands full attention and concentration.
Stopping Without Warning
Applying sudden brakes may prevent the rear vehicle from slowing down or stopping in time, increasing the risk of collision. The crash risk is high in congested traffic conditions where a chain of collisions is likely to occur.
Running Red Lights
When a truck driver runs a red light, they endanger their life and the lives of other road users. Pedestrians, cyclists, and riders are also at risk, as running red light can cause severe injuries and fatalities.
Factors contributing to running red lights include speeding, disregarding traffic rules, impatience, and judgment errors. Truck drivers who run red lights are likely liable for any damages or injuries associated with the accident.
Failure to Use Turn Signals
Failure to use turn signals increases the risk of truck accidents. Turn signals warn pedestrians, cyclists, and other motorists to stay out of your blind spot.
You should use a turn indicator in the following instances:
- Merging
- Changing lanes
- Overtaking
- Pulling into traffic
Most importantly, it is important for drivers to switch off turn signals when not in use, as it can be misleading and contribute to accidents.
Driving With High Beams
High beams enhance a driver’s vision in extremely dark conditions. They are also slightly higher than low beams, giving the driver a clear view of the road. If you fail to turn off high beams when other vehicles are approaching, the excess light may cause a blinding effect, leading to accidents.
Driving with high beams can also trigger road rage. When an oncoming driver faces high beams, they may be annoyed to the point of taking deliberate actions to retaliate.
Who Can File a Wrongful Death Claim in Missouri?
Wrongful death claims are different from other truck accident cases. In most injury cases, the victims of the accident who suffered physical harm initiate the claim. However, a victim who passes away after an accident cannot initiate a claim on their behalf.
Missouri law sets out who can initiate a wrongful death claim. The statute sets out different classes of potentially eligible parties.
Class 1
Those eligible include
- Surviving spouse
- Natural or adopted children
- Surviving linear descendants of the deceased
- Father or mother of the deceased
Class 2
In the absence of class 1 members, a brother or sister of the deceased or their descendants may establish their right to damages.
If the class members are minors (younger than 18 years) or incapacitated, the statute allows the court to appoint a representative to initiate a wrongful death claim on their behalf.
Compensation After a Car Accident with an 18-Wheeler: Your Rights & Potential Claims
You may be entitled to compensation if injured in a car accident involving a negligent 18-wheeler driver. Some evidence required to prove negligence in a car accident includes a police accident report, eyewitness testimony, images of the crash scene, or traffic camera footage.
You can generally obtain three types of damages: economic, non-economic, and punitive. Here’s a list of compensatory damages you can obtain in a truck accident claim:
- Medical expenses
- Pain and suffering
- Lost wages
- Out-of-pocket expenses
- Loss of enjoyment of life
- Emotional anguish
- Loss of companionship
- Permanent disfigurement
A judge or jury may award you punitive damages if they determine the defendant’s actions were grossly negligent or in disregard of the plaintiff’s safety.
Should I Hire an Attorney for a Truck Accident Settlement?
Most injured victims obtain compensation from the insurer of the at-fault party. In other instances, an insurer may table a low-ball settlement offer that barely matches your losses.
A truck accident attorney will represent your interests and increase your chances of a positive outcome. Here’s why you should hire an attorney for a truck accident settlement:
Avoid Settling Too Soon
After receiving your truck accident claim, an insurer may quickly table a settlement proposal. An attorney plays a crucial role in evaluating the merits of all offers. If necessary, an attorney can demonstrate the extent of your losses and negotiate for a higher settlement offer.
Prove Fault
While you may be entitled to compensation, you must prove fault to obtain compensation for your losses. An attorney may utilize various sources of evidence, including witness testimony, truck maintenance records and black box data to prove fault.
The strength of a truck accident claim lies in the availability of evidence.
Determine the Value of Your Losses
Your chances of recovery depend on your ability to obtain a fair settlement value for your losses. A truck accident attorney has dealt with numerous cases and knows the applicable losses in your claim.
For instance, an attorney can pursue loss of enjoyment of life damages if your injury hinders your ability to participate in your favorite hobbies.
Consult a Missouri Truck Accident Attorney
Many factors can affect your truck accident payout. While it may be difficult to estimate the settlement of your case, an attorney can review your case and work to provide insights on the potential outcome. You should also consider the time aspect because the settlement process may get delayed without legal representation.
Devkota Law Firm has highly experienced attorneys with a proven track record of representing injured victims. Contact us online or at (816) 207-4255 for a free consultation.
