What Is the Average Settlement for a Truck Accident?

It is difficult to put a figure on an average truck accident settlement because every case is so different. The average settlement can range from $40,000 to $200,000 for non-fatal injuries, while cases involving permanent disability or fatalities can result in settlements exceeding $1 million.

To find out how much your case could be worth, the best thing to do is to contact a local law firm for a free consultation. They will be able to advise you based on the specifics of your case.

If you or a loved one have recently been a victim of a semi-truck accident, contact The Law Place today! With a team possessing over 75 years of combined experience and many of our lawyers being AVVO 10.0 rated, you can be confident your personal injury claim will be in the best hands. Our law firm can provide a dedicated attorney-client relationship and will work tirelessly to ensure you receive the best possible settlement to suit your damages.

Contact our office now at (941) 444-4444 to organize a free consultation with an experienced truck accident lawyer at The Law Place.

Factors Influencing Settlement Amounts

Several critical factors influence the amount of a settlement in a truck accident case. Understanding these can help you anticipate the possible range of compensation and prepare better for negotiations or litigation.

Severity of Injuries

The severity of injuries is the most significant factor in determining the settlement amount. More severe injuries typically result in higher settlements due to the increased medical expenses, extended recovery periods, and greater impact on the victim’s quality of life. For instance, minor injuries like soft tissue damage might settle for amounts between $3,000 to $10,000, while severe injuries such as traumatic brain injuries or spinal cord damage can result in settlements ranging from $183,000 to several million dollars​.

Liability

The degree of fault, or liability, plays a crucial role in the settlement process. When liability is clear and rests entirely with the truck driver or trucking company, the settlement amounts tend to be higher. Conversely, if the injured party is found to have some degree of fault (comparative negligence), the settlement may be reduced proportionally. Understanding the nuances of liability, such as contributory and comparative negligence, is essential as they vary by state and significantly influence the final compensation​.

Insurance Policies

Insurance coverage is another vital factor affecting settlement amounts. Trucking companies are required by law to carry specific minimum levels of insurance based on the type of cargo and the weight of the truck. For example:

• Trucks over 10,000 pounds carrying non-hazardous cargo must carry at least $750,000 in liability coverage.
• Trucks carrying hazardous materials have higher minimum requirements, often up to $5 million.

These insurance policies set a baseline for the potential compensation available. However, in cases where the damages exceed the insurance limits, the trucking company or other liable parties may be pursued for additional compensation​.

By understanding these factors, you can better assess the potential value of a truck accident settlement and navigate the complex process of claiming compensation more effectively.

Determining the Amount of a Semi-Truck Accident Settlement

Truck accidents can leave behind an immense amount of emotional and physical damage, and the truck accident settlements that follow will depend on what damages your case involves. Some examples of possible damages that could be awarded in your case include:

• Medical Bills – Truck accidents are very dangerous and, unfortunately, will often lead to necessary time in the emergency room. For any medical bills that you receive because of your collision, you may be able to claim back these costs, as long as you have proof of these medical expenses.
• Pain and Suffering – The average semi-truck accident will, unfortunately, cause some physical and/or mental suffering and, in extreme cases, loss of enjoyment in life (e.g., not being able to take part in an activity you once could before the collision). This type of damage is hard to prove and then quantify into a value, so it is best to have a skilled attorney on hand to help if you believe you are owed this.
• Lost Wages – For any lost wages you encountered due to your collision (e.g., taking time off to recover from an injury), you will be able to claim back these earnings. If you are sadly unable to return to work, you may be able to also claim for lost earning potential.
• Property Damages – It is unavoidable that your vehicle may sustain some damage following a collision with a tractor-trailer. For any property damage, you will be able to claim for any possible costs, such as any repair or replacement expenses.
• Wrongful Death – If you have sadly lost a family member in a commercial truck collision and it was not their fault, then Florida Statute 768.21 permits you to file a wrongful death lawsuit. The settlement amount for such a lawsuit commonly covers any funeral expenses as well as the loss of consortium.
• Punitive Damages – This form of damages is rare, but it is helpful to be aware of it. There are multiple regulations that truck drivers and trucking companies have to abide by. If these rules are seriously violated, then courts could award the victim punitive damages to punish the at-fault party. These can be substantial.

If you believe you could be owed these damages, contact The Law Place today to organize a meeting with one of our attorneys.

How Much Is a Typical Pain and Suffering Settlement?

How much will be awarded for pain and suffering depends on a variety of factors, so it is hard to provide an average settlement figure. Pain and suffering are not considered economic damages, so there is no universal standard of measurement. To determine your settlement amount, the courts will consider your:

• Age.
• General health.
• The severity of your injuries.
• Any long-term consequences of your injury.
• The direct and indirect economic cost of your injury.

A common method of calculating this type of settlement is the ‘multiplier method.’ This is where the economic damages are multiplied by a number between 1-5, depending on the severity of injuries. For example, if an accident victim sustains a life-altering spinal cord injury and has $10,000 in medical expenses, then an attorney will argue $50,000 would be a fair settlement.

What Do I Do Following a Semi-Truck Accident?

A truck accident can be a traumatic and potentially life-altering experience that can leave you feeling overwhelmed and stressed. This is completely understandable, but it is important to try and maintain a steady head as you go through the process of a truck accident settlement. A personal injury lawyer will be able to give you a helping hand and take some of the worries off your shoulders.

The Law Place suggests the following:

• Health and Safety – It is important to remain as calm as possible and to prioritize your health and safety as best as you can.
• Check for Any Injuries – It is vital that, if you are conscious, you check yourself over for any possible injuries you sustained in the collision. If you are not injured, then it would be helpful to make yourself available to give reasonable assistance to other drivers injured in the collision. However, do not move anybody who appears to have severe injuries, such as head, spine, or neck injuries.
• Contact the Police – As per Florida Statute 316.062, you are legally required to make the police aware of the existence and location of a crash. A report should be filed within 10 days following a vehicle collision.
• Contact the Emergency Services and Seek Medical Attention – After an accident, if you are conscious and it has not already been done, call an ambulance as soon as possible if any injuries have been sustained. As per Florida Statute 627.736, you must seek medical attention within two weeks of being involved in a crash for it to be considered in your claim. Even if you think you are uninjured, it is still best to receive attention to ensure you are ok.
• Collect Evidence and Witness Details – If you are able to, it is best to collect pictures of the collision, injuries, any damage to your vehicle, condition of the road, and any other important details of evidence to aid in your claim later on. It is also important to collect the contact information of the truck driver, including names, phone numbers, and vehicle registration numbers. Witnesses can also be useful in your trucking accident case, so it’s best to get their details too.
• Contact Your Insurance Company – You are required to contact your insurance company within 24 hours of the collision to make them aware of your motor vehicle accident. However, it is important you don’t tell your insurance company any details about the crash. Otherwise, they may use this information against you to reduce your settlement value.
• Seek Legal Representation – In order to file a successful claim, it is best to seek legal representation from a reputable law firm, such as The Law Place.

Who Is Liable for My Commercial Truck Accident Case?

Truck accidents can be caused by a range of things, as who is found liable for a collision will vary case by case. Some examples of who could be found liable following truck accidents include, but are not limited to:

The Truck Driver

In a lot of trucking cases, the fault could be with the truck drivers. If you believe driver error caused the accident, then they could be found liable. Driver error includes distracted driving, speeding, drunk driving, and other violations. Every driver owes a duty of care to others on the road. This means they legally must behave as a reasonable person would to ensure the safety of other people. If they breach this (e.g., using their phone while driving), then they could be found liable for your case.

Trucking Company

A trucking company can be held liable for a collision either directly through their own fault (e.g., knowingly hiring an unqualified driver) or via vicarious liability. The Federal Motor Carrier Safety Administration (FMCSA) explains that trucking companies can be held liable for any motor vehicle accident involving one of their trucks or drivers, regardless of ownership status or employment.

Vehicle Parts Manufacturer

If a manufacturer has assembled and distributed defective parts that have then caused a malfunction that contributed to a truck accident, they could be held liable for the negligent distribution of products.

Government Entity

A government entity within the State of Florida could be found liable in a case if the accident was caused by something under government jurisdiction. For example, bad road design, poorly maintained roads, or missing road signs that are considered necessary for the safety of drivers.

Maintenance Team

In the case that the mechanics tasked with maintaining the truck make any crucial errors when maintaining, inspecting, or repairing the vehicle, and this fault then leads to a collision on the roads, this can mean the maintenance team could be found liable.

Why You Should Choose The Law Place

Choosing the right law firm for your case is essential after a truck accident. These cases are often complex and involve life-changing injuries. They also involve going up against large trucking companies and their insurance companies who are notoriously difficult to deal with. It is essential that you are properly compensated for your injuries so that you are not left out of pocket for an accident that wasn’t your fault.

Not every law firm has the skills, experience, and resources to handle truck accident claims. However, at The Law Place, we have over 75 years of combined experience dealing with truck accident cases. Our lawyers have a deep understanding of the federal and state regulations that govern the trucking industry, including the Federal Motor Carrier Safety Administration (FMCSA) regulations. This is crucial for clearly establishing fault and ensuring that large trucking companies cannot unjustly avoid liability.

What really sets our law firm apart is our dedicated approach to every case we manage. We will review your case as a team so that you can benefit from our combined knowledge and understanding. At the same time, a dedicated truck accident attorney will be assigned to your case – this person will be your advocate and will fight tirelessly for the compensation you deserve, They will also be on hand to answer any questions you may have about your case with a compassionate approach. The best lawyers have busy caseloads. However, we will take the time to answer your questions and will keep you involved in the process.

Our lawyers leave no stone unturned when it comes to collecting evidence including driver logs, maintenance records, and black box data. We will also work with experts such as accident reconstruction experts and medical experts to build a strong case that demonstrates the extent of negligence of the at-fault party and your injuries.

Although most cases are settled outside of the courtroom, if the at-fault party is unwilling to offer a fair settlement we are not afraid to stand up to large trucking companies and their insurance teams in court. We have a wealth of experience both at the negotiation table and in the court room and can handle whatever your case throws at us to ensure you receive maximum compensation.

We believe that all personal injury victims deserve access to high-quality legal representation, which is why we offer a free consultation and work on a no-win, no-fee basis. When you call us for a free consultation we will advise you based on the specifics of your case. We will also explain our fee structure if your case does succeed. At this point, you may choose to walk away at no cost or obligation. However, if you do decide to continue with representation from us we will get to work straight away to quickly gather evidence that could otherwise be lost.

Our past successes and positive client reviews speak for themselves. To find out more do not hesitate to give us a ring. Our phone lines are open 24/7 so you can call us for advice when you need it most.

What Is the Average Settlement for a Truck Accident? FAQ

How long do I have to file a truck accident claim?

As of 2023, personal injury victims now have just two years to make a claim after an accident as opposed to the previous four. There are rare exceptions to this such as if your injuries were so severe that you were unable to claim any sooner. However, quick action is always better as it ensures that your attorney can protect vital evidence.

What are the average semi-truck accident settlements?

Semi-truck accidents involve large trucks consisting of a tractor unit attached to a trailer. Like other truck accidents, the settlement amounts vary widely and depend on the specifics of your case. Averages can range from $100,000 to over $1 million for cases involving severe injuries or fatalities.

What influences the truck accident settlement amount?

There are many contributing factors to the settlement amounts. Your attorney will consider the extent of your damages including economic damages such as medical expenses and lost wages and non-economic damages such as the degree of your pain and suffering and how the accident has impacted your life. Liability will also play a big role, if the other driver’s liability is clear then your settlement is likely to be higher.

What are some common injuries suffered by truck accident victims?

Many truck accident victims suffer more severe injuries than car accident victims. Common injuries include traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, and burns. This is because of the sheer size and weight of trucks.

How long do truck accident cases take to settle?

The length of time truck accident cases take to settle varies widely. It depends on the complexity of the case, the severity of injuries, the willingness of both parties to negotiate a settlement, and whether the case goes to court. Cases can take just a few months or several years to settle.

Will I have to go to court if I pursue a truck accident claim?

Most truck accident cases are settled outside of the courtroom, meaning you will not need to go to court. Court cases are expensive and so it is often in both party’s best interests to avoid it. However, cases involving high damages or complex liability are more likely to go to court. If your case does go to court, your attorney from The Law Place will support you throughout. We have a wealth of experience both in and out of the courtroom and can handle anything your case throws at us.

How much does it cost to hire an attorney from The Law Place?

At The Law Place, our attorneys work on a contingency-fee basis – that means that you don’t pay anything until we win your case. When you secure representation from us we will determine a percentage of your settlement we will take if we win your case. The vast majority of people who seek legal representation end up with a higher amount of compensation even after attorney fees are considered due to the skills and experience they provide.

Contact The Truck Accident Attorneys at The Law Place Today!

If you or a loved one have been involved in a truck collision, then contact The Law Place today! Here at our law firm, our attorneys possess 75 years of combined experience, and many are AVVO 10.0 rated, so you can be confident that your case will be well handled and handled with the utmost dedication. Our team recognizes motor vehicle accidents can be extremely damaging, both mentally and physically, so we will fight tirelessly to ensure you get the justice you deserve.

A consultation with one of our dedicated attorneys will allow you the opportunity to receive vital information regarding the legalities surrounding your case and an idea of what our team can do for you.

Contact us using our toll-free number, (941) 444-4444, to organize a free consultation with an experienced truck accident attorney. Phone lines are open 24 hours, 7 days a week, for your convenience.