What is the average value of a semi-truck settlement?

Texas Specific Laws

Statute of Limitations: The clock is always ticking when it comes to timely filing a claim for a personal injury. In most cases, Texas’ statute of limitations is 2 years from the day of the incident. One exception to this rule applies to those claims involving an injury to a minor. The 2-year window does not begin until the child turns 18. Additionally, claims brought against a government entity (or employee) must be initiated much sooner.

Comparative Negligence: in a situation where the plaintiff’s actions contributed to the incident, the amount of compensation is reduced in proportion to the percentage of fault.  The 51% Bar Rule prohibits the plaintiff from collecting any financial compensation if found to be more than 50% at fault. You can except the defense to try to shift the blame in your case. Our trucking attorneys are skilled at countering the defenses tactics.

The Causes

If you have the chance, take photos of the accident scene. You may want to document the other driver’s license plate number or even snap a photo of the driver, if you can do so safely. This simple step can help you prove the presence of the other driver at the scene of the accident and make it easier for you to establish who caused the accident. You may also want to take pictures of the damage to the two vehicles and any features of the scene that may have contributed to the accident: a blind curve that prevented the other driver from seeing you, for example.

• Lack of sufficient training
• Impaired driver
• Overloaded cargo
• Unbalanced cargo
• Equipment failure
• Novice drivers
• Distracted driving
• Speeding
• Fatigue
• Road rage
• Over the hours driving
• Driver error
• Wide turns
• Failure to yield
• Blind spot accidents

Establishing Fault

To prove fault, you must demonstrate that the defendant’s negligent, reckless, or intentional conduct caused your accident. Our practice is devoted to personal injury cases, and we know how to prove fault and liability in all types of actions and specifically in collisions with 18-wheelers or semi-trucks. If you have been injured in an auto accident with another car, call the best car accident lawyer.

 Calculating Potential Settlement

We do the math. In theory, financial recovery from damage and injury sustained in a big rig truck accident should be calculated as follows:

• The sum of the replacement cost of personal property lost in the accident + actual medical expenses incurred to date + projected future medical expenses + compensation for pain and suffering, disability, disfigurement, and impairment + wages lost due to accident + verifiable loss of future salary.
• Minus the percentage of comparative fault assigned to the plaintiff.

The Extent of The Injuries

Physical damage and emotional trauma
Severe and often catastrophic injuries are commonplace in an altercation between a large truck and a passenger car. Some of the more common physical injuries are:

• Traumatic brain injury
• Neck and spinal cord damage
• Damage to internal organs
• Compound fractures
• Post-traumatic stress

Medical expenses

Seeking medical care following a trucking accident is, as it should be, a major part of the recovery process. It can often take months, and even legal intervention, for the responsible driver’s insurance carrier to cover the costs. In the interim victims can use personal health insurance and automobile insurance benefits to help with immediate costs. If you are injured in a Texas truck accident and do not have health insurance to cover necessary medical care, call us to see if we can help!

Healthcare is expensive, for example, a broken bone in the leg can cost a significant amount of money when one figures in:

• E R treatment
• Orthopedic physician fees
• Radiology costs
• Casts and slings
• Follow-up visits

The Texas Department of Insurance established this healthcare costs consumer information guide, (based on 2019 data) for consumers to view the average costs of medical procedures for different regions in the state based on Zip code.

The cost of severe injuries can be staggering. A traumatic brain injury is often suffered when a passenger car is involved in a collision with a semi-truck. This type of injury carries a huge economic toll on the victim as well as the entire family. The lifetime cost can reach $4 million.

Spinal cord injuries are frequently the result of serious motor vehicle accidents. According to information released by the Christopher & Dana Reeve Foundation, the estimated lifetime cost of care ranges from $1,113,990 to $4,472,181.

Non-economic damage 

The Texas legal system does recognize the validity of non-economic damages following a catastrophic accident, these are highly subjective, and the potential compensation is not easily calculated. The value is often proportional to expert testimony and friends and family impact statements. Examples of non-economic damages include:

• Pain and suffering
• Emotional distress
• Disfigurement
• Disability
• Changes in the family dynamic
• Loss of enjoyment of life
• Loss of companionship

Lost wages and loss of future income

Determining the monetary value of lost salary can be as simple as multiplying the plaintiff’s current hourly wage by the number of hours missed or breaking down an annual salary into an hourly rate. The process becomes more complicated when factoring in:

• Possible overtime
• Anticipated bonuses or raises
• Loss of sick leave hours
• Loss of accrued vacation pay
• Reduction on 401(k) contributions
• Impact on pension
• Self employed

Severe injuries may be likely to impact future earning capacity. Projecting the loss of future income is often based on:

• Salary prior to the injury
• Occupation
• The age, health, and educational background of the injured party
• Anticipated potential advancement

How We Can Help

The legal process following a semi-truck accident can be confusing and complicated for injured parties and the idea of pursuing litigation may be intimidating. When your family member is involved in the aftermath of a big rig accident you need a law firm with experience and proven results. We have been winning multi-million-dollar settlements from truck accident injuries for over three decades.

Don’t delay, make the choice to protect your rights and the future of your family. Call our exceptional truck accident lawyers at 281-587-1111.