Compared to regular vehicle accidents, 18-wheeler accidents have larger settlements. The settlements for 18-wheeler accidents can range from tens to hundreds of thousands of dollars. The compensation can vary from case to case, depending on the severity of an accident and the damages that occur.

The settlement could cost millions of dollars for extensive injuries and damages. For example, in 2020, an accident between an 18-wheeler and a regular car had a settlement of $8.5 million. This settlement was awarded to the Nacogdoches family before the case reached trial. This accident involved a small passenger vehicle that pulled up in front of a truck. The passenger vehicle driver suffered minor injuries, while the truck driver died tragically.

If you have been involved in an 18-wheeler accident and are seeking compensation, it is essential to understand how 18-wheeler accident settlements work. The final settlement will depend on the unique facts of your case. You should not try to negotiate compensation alone. Instead, you should contact an experienced attorney to guide you through the claim process. An attorney can help you identify the value and potential of your case.

How Attorneys Determine Truck Accident Settlement Value

Understanding how compensation works in 18-wheeler accidents is crucial. Some of the key factors that truck accident attorneys consider when calculating settlements for truck accidents include:

The Injuries Sustained

The severity of your injuries in an 18-wheeler accident will determine the extent of settlement or compensation. Life-threatening injuries will have a larger settlement than minor injuries.

Medical Costs

Attorneys also consider the medical costs incurred in seeking treatment for injuries sustained in a truck accident. Victims often sustain severe injuries in truck accidents, meaning that medical costs can skyrocket. The higher the medical costs a victim incurs, the higher the potential settlement.

Impact On The Victim's Life

If the injuries sustained in an 18-wheeler accident impact or alter a victim's life significantly, the potential compensation is likely to be more significant. Injuries from the accident can disrupt your life and daily routine and lower your quality of life.

Property Damage

When involved in an 18-wheeler accident, you should also ensure that you document all forms of property damage. You can take photos of your damaged vehicle and personal items like laptops or mobile phones. The extent of compensation will depend on the magnitude of property damage.

Pain and Suffering

Involvement in an accident can significantly impact your emotional well-being, robbing you of peace and calmness. The judge handling your personal injury case will consider the emotional toll of the 18-wheeler accident. Expressing pain and suffering or emotional distress can be challenging in monetary terms. This is where a personal injury attorney comes in to help you calculate the intangible injuries.

Truck Driver's Negligence

The settlement amount will also depend on the truck driver's negligence level. The judge will consider whether the truck driver violated the traffic laws or was reckless. Sometimes, the judge can award you punitive damages if the truck driver was extremely negligent. The purpose of punitive damages is to punish the liable party and to prevent the recurrence of the negligent behavior in the future.

Based on the factors outlined above, the compensation for victims of 18-wheeler accidents can range from $100 to millions of dollars. The more severe the accident, the higher the settlement.

No case is similar to the other. Therefore, compensation will depend on the unique facts of a case. You can determine the exact value of your case by discussing it with a skilled truck accident attorney. An attorney will use their expertise and experience to determine the ideal settlement.

Evidence Required When Seeking Compensation For An 18-Wheeler Accident

When determining the compensation you are entitled to after being involved in an 18-wheeler accident, your attorney must compile evidence to prove your loss and the value of your damages. Your attorney can present the following evidence:

  • Medical costs incurred
  • The cost incurred in seeking counseling services
  • Payment invoices
  • Pay stubs
  • If you are in freelance employment, you can present your hourly rates or project costs
  • Signed contracts to prove the services offered and the payments to be made
  • Work schedules and timesheets
  • Bank statements
  • Vehicle damage and repair costs
  • Estimates of diminished value
  • Photos of the injuries you sustained in the accident

The non-economic damages you can recover will depend on how the accident affected your life. Since non-economic damages are more complicated to measure, their monetary value can be challenging to determine.

Several variables come into play when determining the value of non-economic damages. The factors include the following:

  • Your health condition before your involvement in the truck accident
  • Your age
  • The injuries or disability you suffered
  • How the injuries affect the quality of your life
  • The severity of the injuries
  • How long it will take to recover from the injuries
  • The expected degree of recovery
  • Your life expectancy
  • Counsel from experts from the fields of medicine, economics, and life care planning

You should never overlook the non-economic damages because they can significantly influence the value of your 18-wheeler accident claim. Your truck accident attorney will calculate your claim's value and ensure you receive the highest possible compensation.

Establishing Fault In An 18-Wheeler Accident

When establishing fault and determining compensation, California is a pure comparative negligence state. The compensation you will receive after filing a claim will depend on your degree of fault. For example, you could be 30% at fault for the accident while the plaintiff is 70% at fault. If the claim's value is $100,000, you will only receive $70,000. The compensation will be less your degree of fault.

You can still recover some compensation even if you are at fault more than the other party. If the damages available are $100,000 and you are 90% at fault, you can still recover $10,000.

The more the truck driver is liable, the more compensation you will likely receive. However, even if you are significantly to blame for the accident, you should not shy away from seeking compensation.

Identifying The Liable Party In An 18-Wheeler Accident

Establishing liability is an essential component of seeking compensation in an 18-wheeler accident. Several factors could have contributed to the truck accident. The truck driver could be liable if the accident occurred due to driver errors. A truck driver can be liable for engaging in negligent or reckless behavior under the following circumstances:

  • Distracted driving — Engaging in distracted driving poses the risk of an accident, mainly when operating a large vehicle like an 18-wheeler. The consequences of distracted driving can be detrimental, leading to fatalities and severe injuries.
  • Drunk driving — An 18-wheeler accident can occur when a driver operates a truck while intoxicated with alcohol or drugs. Intoxication can impair a driver's decision-making ability and reaction times and increase the risk of an accident.
  • Speeding — Driving at excessive speeds can make an 18-wheeler lose control, causing extensive damage and harming other road users. A truck driver increases the risk of a rollover accident by exceeding the speed limit. The risk of a rollover accident is higher if a driver speeds when carrying a large cargo.
  • Drowsy driving — Fatigue due to long hours on the road can affect a truck driver's judgment and reaction time. Fatigued truck drivers are more prone to accidents. Therefore, trucking companies that overwork their drivers make them more prone to causing accidents.
  • Aggressive driving — Aggressive driving can include tailgating and speeding. It creates hazardous situations and increases the risk of an accident.

The trucking company can be responsible for the truck driver's actions.

Whether You Can Sue The Trucking Company For Your Injuries

The liability in a truck accident can extend beyond the truck driver to the trucking company. The trucking company could be liable for your injuries if it fails to adhere to federal guidelines. Here are some guidelines that the trucking company must adhere to:

  • 18-wheeler operators must comply with the laid-down hour-of-service rules
  • For cargo-filled trucks, drivers can drive for up to 11 hours but must take a ten-hour off
  • A driver is more likely to cause an accident if he/she is fatigued

Commercial trucking companies must ensure that drivers adhere to these rules. The trucking company can be liable if it knew about or aided the breach.

Sometimes, several parties could be responsible for your injuries. Some potentially liable parties other than the driver and the trucking company include the truck manufacturer, the people who loaded the truck, and others.

The truck manufacturer could be liable if an 18-wheeler accident occurs due to a defective truck. Defective parts could cause the truck to malfunction, causing an accident. It can be challenging to prove that the truck manufacturer is liable. However, manufacturers and truck parts makers can be held liable for supplying faulty parts that result in truck accidents. You should note that truck accidents resulting from defective trucks do not always imply that the truck manufacturer is liable. The trucking company could be liable for failing to maintain and service the truck.

The people responsible for loading the truck could be responsible if a truck accident occurs due to an improperly loaded truck. An imbalanced cargo can make an 18-wheeler unstable, leading to an accident. Exceeding the recommended cargo capacity can also expose a truck to an accident.

The government or government agencies responsible for maintaining the roads could be liable if an 18-wheeler accident occurs due to bad roads or poor road signage.

Other motorists and pedestrians could also be responsible for an 18-wheeler accident. Distracted regular vehicle drivers and jaywalkers could easily cause an accident. Even when a truck is involved, the truck driver could be innocent.

Identifying the liable parties in an accident can be challenging, especially where several parties are liable. You need an experienced attorney to help you understand the parties responsible for the accident. When confronted, most liable parties are quick to deny fault. An attorney can help you gather evidence and evaluate the accident to prove liability.

Filing a Truck Accident Claim To Seek Compensation

If you have been involved in a truck accident, the first step you should take is to file an insurance claim. You should contact an experienced attorney to help you file an insurance claim. Most 18-wheeler accidents are settled out of court, especially if it is evident that the defendant is liable. If the truck driver is liable for the accident, the driver's insurance can compensate the victim. However, sometimes the parties involved in an accident cannot arrive at a resolution. In this case, the case can proceed to court.

Filing a personal injury lawsuit is not an easy process. Therefore, you should not go it alone without the guidance of a seasoned truck accident attorney. An attorney can represent you at every step and ensure that the opposing side does not take advantage of you.

Compensation For Wrongful Death

Unfortunately, fatalities are common in 18-wheeler accidents. If a victim dies in an 18-wheeler accident, their spouse or other surviving family members can file a wrongful death claim against the liable parties to seek death benefits. The claimants can recover burial expenses alongside other benefits.

Several factors will determine how much claimants will receive after filing a wrongful death claim. Therefore, the compensation for a wrongful death claim differs from case to case. Some of the common factors that determine wrongful death compensation are:

  • The number of dependents the decedent leaves behind
  • The age of the decedent
  • If the dependent/dependents can support themselves physically and financially without the help of the decedent
  • The area in which the 18-wheeler accident occurred
  • Punitive damages, primarily if the liable party engaged in extremely negligent behavior

What is a Reasonable Settlement For An 18-Wheeler Accident?

In a reasonable settlement, you should receive compensation for the past, present, and future costs associated with the accident. An attorney can help you evaluate and determine whether a settlement is appropriate. Your attorney will help you understand all the factors that must be considered when calculating a settlement. These factors include the severity of your injuries, lost income, whether you suffered a permanent disability, pain and suffering, and other factors.

Involvement in a truck accident can alter your life forever. You deserve compensation; this is where a truck accident lawyer ensures you receive the compensation you deserve.

Whether 18-Wheeler Accidents Proceed To Court

Knowing what to expect is essential if you are involved in an 18-wheeler accident. You will likely wonder about the official trajectory of your case. Most 18-wheeler accident cases do not proceed to court but are settled through negotiations between the parties involved. However, in some situations, the involved parties do not reach an agreement despite the negotiations.

Your 18-wheeler case might proceed to court if you cannot reach an agreement out of court. You will need an experienced attorney to help you seek compensation. An experienced attorney can help you challenge the opposing side, present evidence, and safeguard your rights throughout the process.

How Long It Takes To Access Compensation

You could be wondering about how long it will take to access compensation after filing a claim following an 18-wheeler accident. It can take several months to several years to resolve an 18-wheeler accident. However, the duration of the claim will vary depending on several factors, including the severity of injuries suffered.

Most victims of 18-wheeler accidents suffer extensive injuries that require prolonged medical treatment. Determining the ideal medical cost compensation can be challenging because the victim might require future treatment and rehabilitation.

When filing a compensation claim, you should ensure that you file a claim within the statute of limitations. The statute of limitations for filing a personal injury lawsuit in California is two years. However, there could be exceptions to this rule depending on the facts of your case.

18-Wheeler Accident Compensation FAQs

Here are the most commonly asked questions regarding 18-wheeler compensations:

How Much Can You Recover In An 18-Wheeler Settlement?

18-wheeler accident settlements vary greatly depending on the facts of a case, the victims involved, and the damages suffered. The compensation amounts can range from $20,000 to above $100,000, depending on the factors involved. However, the figures mentioned above are not guaranteed. Contacting a truck accident attorney to gain more insight into your case is essential.

What Evidence Is Needed In An 18-Wheeler Accident?

Several pieces of evidence will prove helpful when seeking compensation for an 18-wheeler accident, including:

  • Medical records
  • Photos and videos of the accident scene
  • Medical bills
  • Police reports
  • Estimates of property damage
  • Any other evidence of the accident

Do I Qualify To Seek Compensation?

You can seek compensation if you have been involved in an 18-wheeler accident and are not at fault. You are still eligible even if you are partially at fault. Contact a truck accident attorney for guidance.

Find a Skilled 18-Wheeler Accident Attorney Near Me

Have you or your loved one been involved in a truck accident in California? Contact our experienced attorneys at the Truck Accident Injury Attorney Law Firm. We have helped many victims of 18-wheeler accidents recover the compensation they deserve. We take pride in being the go-to personal injury law firm. It does not matter whether you are partially responsible for the 18-wheeler accident. California is a comparative negligence state; thus, you can access compensation less your degree of fault. We will evaluate your case and calculate a reasonable compensation.

We first work with our clients to negotiate with the liable party and reach a settlement out of court. However, we can also be your legal representation if you have to pursue litigation to seek compensation for your injuries. Our lines are open if you have been involved in an 18-wheeler accident and would like to file a case or seek compensation. Contact us at 888-511-3139 to speak to one of our attorneys.