How Much is the Average Truck Settlement in Texas?
A truck accident will leave you with some of the most serious injuries and recovering from them could take many years. If another person’s negligent actions caused your crash, you can file a claim against them for damages. One of the first questions our San Antonio truck accident lawyer hears from accident victims is how much the average settlement amount is.
All truck accidents, people, and injuries are unique and so, there is no average settlement. Looking at past cases can provide some idea of what you can expect. There are also additional factors you can consider when estimating how much your case might be worth.
The Person and Trucking Company Who Caused the Crash
One of the biggest factors that will determine the amount of your settlement is the negligent party that caused the accident. Truck drivers are typically covered by high-value insurance policies. These policies have limits far higher than those of the average driver of a passenger vehicle. Still, they do have limits and, in most cases, you cannot obtain compensation that exceeds those limits.
If the truck driver worked for a smaller trucking company, then usually the insurance policy has coverage of $750,000.00 to $1,000,000.00 (one million dollars). Larger trucking companies and company employers have umbrella policies, which can provide additional layers of coverage from one million dollars, five million dollars, twenty-five million dollars, one hundred million dollars and higher. Identifying all liable parties and applicable insurance coverage is critical in making sure you receive a fair settlement.
In some cases, there may be an additional insurance policy covering the trailer that the tractor was towing. These policies can provide additional insurance coverage (sometimes as high as one hundred million dollars). There may also be hidden motor carriers, shippers, or brokers that may have liability and may have additional insurance coverage.
The Severity of Your Injuries
The medical bills you incur as a result of your injuries will also make up much of your claim and therefore, the damages you can receive for them. For example, spinal injuries or paralysis are common injuries sustained during a truck crash. Paralysis can cost accident victims more than $1 million in the first year. In cases where a person suffers life-changing injuries, an attorney hires a life care planner to provide a report for the future medical care that the person may need for the rest of his life (measured by the average life expectancy tables). The more severe your injuries are, then, usually, the higher the settlement value is for your case. However, there is no equal trade dollar value for having your health and quality of life taken from you by a careless truck driver or trucking company. Other damages that you are entitled to include the following:
- Medical expenses (Past, Ongoing, Future)
- Lost income (Past, Ongoing, Future)
- Diminished earning capacity (Future)
- Property damage
- Disfigurement (Past, Ongoing, Future)
- Physical Pain and Suffering (Past, Ongoing, Future)
- Physical Impairment (Past, Ongoing, Future)
- Loss of enjoyment of Life (Past, Ongoing, Future)
- Mental anguish and emotional distress (Past, Ongoing, Future)
The Amount of Work You Missed
The vast majority of accident victims cannot return to work right away. You may not even be able to return to the same line of work in the future or any job. Your settlement can include any current lost income, as well as any you may lose in the future. For example, if you suffer a brain injury, you may not have the capacity to focus on the daily tasks of your job or interact with customers.
Our Truck Accident Lawyer in San Antonio Can Help You Claim a Fair Settlement
Accurately evaluating your truck accident claim is one of the hardest parts of any case. At the Law Office of Israel Garcia, our San Antonio truck accident lawyer can evaluate the facts of your case, as well as your damages, so you obtain the full and fair settlement that is justly yours. Call or text us now at 210-LAW-9999 or chat with us online to request a free review of your case and to obtain the legal advice you need.
Source:
statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm
