Jason Stephens | June 17, 2023 | Truck Accidents
The average commercial semi-truck weighs about 80,000 pounds when fully loaded, more than ten times as much as the average passenger car. When a collision between these two types of vehicles occurs, the car driver and their fellow occupants end up far worse off.
The higher chances of life-changing injuries and a totaled vehicle mean that injury settlements from truck accident cases are usually worth much more than claims involving collisions between two regular vehicles.
Our Fort Worth truck accident lawyers are often asked how much a settlement will be. In response, we’ve laid out the following five factors that go into properly valuing a personal injury case:
Liability for the Fort Worth Truck Accident
Sometimes, the other driver is liable for the accident through their own reckless driving or negligence. However, when that other driver is a commercial trucker, their employer may also be on the hook for your accident.
Trucking companies have a duty of care to hire qualified drivers with exemplary driving records and ensure that all drivers follow federal laws regarding driving times and road safety. If the company engages in negligent hiring practices, it may also be held liable.
Your settlement will cover all of your losses, including the cost of repairing or replacing your vehicle. If your car is totaled, your settlement should be high enough to cover the purchase of a replacement vehicle. It may also cover other property damaged in the collision, like your cell phone or items that may have been in the trunk or back seat.
The Extent of Your Injuries
The worse you’re injured in a semi-truck collision, the higher your medical costs will be, and the higher your settlement will be to cover them.
Some victims may require surgery to treat spinal cord injuries or broken bones, need several painful skin grafts if burned in the crash, or become permanently disabled. As such, they may need modifications done to their home and a new vehicle that better accommodates their disability.
Others may be unable to live independently and require accommodations in a nursing home or memory care facility.
Impaired Earning Capacity and Lost Wages
If you missed work to rest and heal from your semi-truck accident injuries, you are entitled to compensation for all the money you didn’t earn, even if you took advantage of PTO or sick time. In addition, your injuries may leave you unable to continue your current job, especially if they are exceedingly physical in nature.
With that being said, if your earning potential is compromised because of your injuries, you may be entitled to the difference between what you could have earned in your lifetime and what you can now.
Pain and Suffering and Other Damages
Semi-truck accident injuries do more than just physically harm you, which means you deserve to be compensated for your emotional distress as well.
Although your mental anguish and emotional trauma are not financial in nature, they nevertheless have value. Texas courts will determine whether you’re entitled to receive compensation for such non-economic damages.
Sometimes, semi-truck accident victims may be entitled to punitive damages, as well. They are a form of punishment considered if a judge decides that the defendant showed an egregious disregard for the safety of others — a trucking company hiring a driver with a history of DUIs who crashes their vehicle while intoxicated, for instance.
A Skilled Fort Worth Truck Accident Attorney Can Help You Get the Maximum Settlement
Have you been injured in an accident involving a semi-truck or trailer? If so, it’s important to contact an attorney with the experience and resources to litigate these types of claims, given that they can be more complex than regular car accident cases.
Contact Our Truck Accident Law Firm in Fort Worth, TX
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth truck accident lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 406
Fort Worth, TX 76107