Dealing with the aftermath of an 18-wheeler accident in Texas can be really stressful, especially when you’re trying to figure out how much will you get paid if an 18 wheeler hits you. Understanding the average 18 wheeler accident settlement in Texas can feel complicated, as there are many factors at play, like who’s at fault and how serious the injuries are.
This guide is here to help clear things up, offering advice on how to gather the necessary evidence and make the most of your claim. Whether you’re wondering about typical payouts in Texas or looking for guidance on the next steps, this overview is designed to answer your questions and help you navigate the process with confidence. Thompson Law has recovered more than $1.9 billion for our clients, and we welcome the opportunity to help you, too.
Truck Accident Case Settlements and Verdicts in Texas
Settlement amounts for commercial truck accidents in Texas can vary widely, depending on the specific circumstances of each case. Our Texas personal injury attorneys have successfully obtained an 18 wheeler accident settlement in Texas for numerous clients involved in these incidents.
Although determining an average settlement figure for truck accident claims is challenging, cases highlighted on this page reveal that truck accident settlements generally range from $750,000 to $20,000,000. The value of a settlement is largely influenced by the unique details of each case, which makes establishing an accurate average for truck accident settlements in Texas difficult.
Below are some notable case results for Thompson Law clients, reflecting the net amount received by the client after all fees and expenses have been deducted:
- $11,991,670 – Truck Accident (Death)
- $4,355,000 – Truck Wreck (Brain Injury)
- $3,999,297 – Truck Wreck (Death)
- $3,737,645 – Truck Wreck (Death)
- $3,673,096 – Truck Wreck (Death)
- $3,516,463 – Commercial Vehicle Accident (Death)
- $2,451,462 – Truck Wreck (Fractured Pelvis)
- $2,331,800 – Truck Wreck (Permanent Brain Injury)
- $1,964,453 – Truck Wreck (Quadriplegia)
- $927,425 – Truck Wreck (Spinal Cord Injury)
- $681,325 – Truck Wreck (Fractured Joints in Shoulder and Knee; Body Contusions)
- $555,907 – Commercial Vehicle Accident (Lower Body Fractures)
These examples underscore the firm’s dedication to holding negligent parties accountable and ensuring that victims receive the compensation they deserve. Working with our skilled attorneys can drastically improve your chances of a favorable outcome of your 18 wheeler accident settlement in Texas.
What Should I Do Immediately After a Truck Accident in Texas?
When you find yourself involved in a truck accident, the steps you take immediately afterward can significantly impact your ability to successfully file a claim and recover compensation. Here’s what you should do right away:
- Ensure Safety: Check yourself and passengers for injuries. If anyone is seriously hurt, call 911 immediately for medical assistance.
- Move to a Safe Location: If possible, move your vehicle to the side of the road to prevent further accidents and ensure your safety.
- Call the Police: Even if the accident seems minor, reporting it to the authorities is crucial. A police report will serve as an important piece of evidence.
- Collect Information: Gather the details of everyone involved, including commercial driver’s license (CDL) number, insurance information, and contact details. Also, document the truck’s company name and any identifying details.
- Take Photos: Use your phone to take photographs of the accident scene, vehicle damages, and any visible injuries. Visual evidence can be pivotal in supporting your claim.
- Seek Medical Attention: Even if you feel fine, it’s important to visit a doctor as soon as possible. Some injuries might not be immediately apparent but could become serious over time.
- Notify Your Insurance Company: Report the accident to your insurance provider promptly while providing them with all required details.
- Consult an Attorney: Consult with our truck accident lawyers to safeguard your rights and guide you through the legal process for your 18 wheeler accident settlement in Texas.
What Factors Influence the Settlement Amount?
Several factors can influence an 18 wheeler accident settlement in Texas. Understanding these factors is essential for accurately assessing the value of your claim and navigating the settlement process.
- Severity of Injuries: The extent and seriousness of the injuries sustained play a critical role in determining the compensation. This includes medical expenses, rehabilitation costs, and the potential for long-term or permanent disability.
- Liability and Fault: If it is clear that the truck driver or the trucking company was negligent, it can significantly impact the settlement amount. For example, if the truck driver or transportation company has clearly violated safety regulations, then punitive damages may be awarded.
- Property Damage: The degree of property damage often correlates with the mechanism of injury sustained. Severe vehicle damage typically signifies a high-impact collision, which can result in more serious injuries due to the force exerted on the bodies involved.
- Insurance Policy Limits: The insurance limits of both the truck driver and the trucking company can cap the total amount of compensation available. The minimum commercial vehicle insurance limits vary by vehicle size, weight, and cargo type in Texas, and are much higher than individual minimum auto insurance limits.
- State Laws and Jurisdictions: State laws can also influence settlement amounts, including any damage caps that may apply. Further, the favorability of the venue in which the accident occurred is also relevant, as plaintiff-friendly counties include jurors who are more inclined to award pain and suffering damages.
- Economic Damages: These are quantifiable losses such as lost wages, loss of earning capacity, and property damage. The more comprehensive the economic impact, the higher the potential settlement.
- Non-Economic Damages: These include pain and suffering, emotional distress, and loss of enjoyment of life. Though harder to quantify, they are important components of the settlement.
How Long Does it Take to Settle a Truck Wreck Claim?
The injury claim timeline for obtaining an 18 wheeler accident settlement in Texas can vary significantly based on multiple factors. Below are key factors that can affect how long it takes to settle a truck wreck claim:
- Severity of Injuries: More severe injuries typically require more extensive medical treatment and longer recovery times, which can delay the settlement process as medical evaluations and documentation need to be completed.
- Complexity of the Case: Cases involving multiple liable parties, such as the truck driver, the trucking company, and other third parties, can complicate proceedings and extend the timeline.
- Extent of Property Damage: High levels of property damage usually necessitate detailed inspections and evaluations, adding time to the claim process.
- Liability Disputes: If there is contention over who was at fault for the accident, resolving these liability disputes can take time, especially if the case goes to court.
- Insurance Company Delays: The responsiveness and willingness of insurance companies to negotiate in good faith can greatly influence how quickly a settlement is reached.
- Medical Treatment Duration: The length of time you need medical treatment will impact how quickly the case can be settled, as full medical assessments are critical for calculating damages.
- Legal Representation: Having a knowledgeable Texas truck wreck attorney can streamline the process by efficiently gathering evidence, negotiating with insurance companies, and navigating legal hurdles. However, complex legal strategies can also extend the timeline.
While some claims are resolved fairly quickly, others may drag on for months or even years.
What Evidence is Crucial for Proving a Trucking Accident Claim?
Proving liability in an 18 wheeler accident in Texas requires meticulous evidence collection to establish liability and demonstrate the extent of damages. The following types of evidence are crucial in building a strong case:
- Accident Reports: Official reports filed by law enforcement can provide an unbiased account of the accident, including details on the parties involved, witness statements, and initial assessments of fault.
- Medical Records: Detailed documentation of all injuries sustained, treatments received, and long-term medical prognoses are essential to substantiate claims for both economic and non-economic damages.
- Photographic Evidence: Photos of the accident scene, vehicle damage, road conditions, and visible injuries can visually support claims and help reconstruct the events leading up to the accident.
- Witness Testimonies: Statements from eyewitnesses can offer critical perspectives on how the accident occurred, potentially corroborating your version of events or highlighting negligent behavior by the truck driver.
- Traffic Camera Footage: Videos from nearby traffic or surveillance cameras can provide objective visual evidence of the accident.
- Electronic Logging Device (ELD) Data: ELDs record driving hours and truck movements, which can be pivotal in proving whether the truck driver was in violation of federal hours-of-service regulations.
- Maintenance Records: These records can reveal whether the trucking company upheld proper maintenance standards, potentially highlighting negligence if the truck was not adequately maintained.
- Toxicology Reports: These reports can determine if either driver was under the influence of drugs or alcohol at the time of the accident.
- Surveillance Footage: Video recordings from traffic cameras or nearby businesses can capture the accident as it happened, offering indisputable evidence of the incident.
- Expert Testimonies: Professionals such as accident reconstruction specialists and medical experts can provide authoritative analyses to validate claims regarding fault and injury severity.
Collecting this evidence promptly and thoroughly can significantly bolster your case, making it imperative to work with a skilled truck accident attorney who can guide you through the legal complexities.
How Do I Know Who Is At Fault in a Truck Accident in Texas?
Liability in an 18 wheeler accident is determined by identifying who was at fault. This involves reviewing all evidence, such as police reports, dashcam videos, eyewitness testimonies, and possibly expert analyses. Factors like driver negligence, including speeding or distraction, and violations of trucking regulations play a big role in establishing fault.
The trucking company’s liability is also considered, especially if issues like poor maintenance or insufficient driver training are present. In some cases, third parties, like manufacturers of defective truck parts, may share liability. Understanding federal, state-specific trucking laws is essential to determining liability.
Can I Handle a Claim in Texas Without a Truck Accident Lawyer?
While you can handle an 18 wheeler accident settlement in Texas without a truck accident lawyer, it’s generally not advisable. The complexities of these cases, combined with aggressive legal tactics from trucking companies, can make negotiating a fair settlement challenging.
Without legal expertise, you risk accepting an 18 wheeler accident settlement in Texas that doesn’t cover your full medical costs, lost wages, and other damages. A truck accident lawyer experienced in Texas’s trucking laws can negotiate with insurance companies, gather crucial evidence, and ensure state-specific legal requirements are met effectively.
If you’re dealing with an 18 wheeler accident settlement in Texas and need expert legal guidance, Thompson Law is here to help. Our experienced attorneys specialize in trucking accident claims, ensuring you receive the compensation you deserve. Don’t face this challenging time alone; contact Thompson Law today for a FREE CONSULTATION and let us fight for your rights.