Many times, a distracted truck driver can cause a rear-end truck accident. Most of the time, the big trucks run over the small vehicles. We can call this type of accidents as ‘under-ride accidents’. Any rear-end truck wreck can lead to huge medical bills because of the associated causes like surgery, hospital stay, ER care, medicines, rehabilitation, home care, etc.
There are certain factors that figure out the total value of the claim resulted from the rear-end truck accident:
- The entire outlay of the medical expenses which can be huge as the accident outcomes in drastic injuries which may require several months to be okay.
- Loss of work wages involving past, present and future payoffs. The future wage can happen if the victim becomes disabled following the crash.
- Loss of earning leads to compensation for the sufferers because of the truck wreck.
- Pain and suffering related to mind and body
- Vehicle damage and property spoil
The settlement factors associated with semi-truck accident:
Four typical factors influence the settlement amount:
Answerability: Specific laws have been stated by every state concerning contributory negligence. If we take the example of California, we can see that its a comparative negligence state where the trucker is responsible only for the precise percentage accounting to his/her fault. If the jury establishes that the passenger vehicle driver is responsible for a certain percentage that accounts for the truck accident, then there will be a reduction of that amount from the final settlement. The accident victim can be stopped from getting compensation by the contributory negligence laws in case it is found out that the sufferer contributes to 51% plus fault. A personal injury attorney who is a far-reaching truck accident specialist can determine the ways the contributory negligence laws of the state influence the amount of settlement.
Deaths: A fully loaded commercial truck can weigh up to 80,000 pounds. Hence, it is very common for reaching fatality if the truck makes mishaps. In 2015, approximately 3,852 people met death. When the accident relates death, filing of a wrongful death lawsuit becomes obligatory. This lawsuit gives way to the larger settlements. Punitory damages are allowed by some states if there is a link to careless driving.
The depth of the injury: Mostly, a high amount of injury claims is directed by truck accident injuries. The insurance agency and the defense attorney review the higher figures. The odds of receiving a bigger amount of accident settlement depends on the seriousness of the injuries. The defense council goes through the medical history of the plaintiff to find out any pre-existing health conditions.
The insurance policies: If there is more than one entity linked to the accident, the amount will be on the higher side. But, many trucking enterprises hold minimum coverage which can get exceeded if the associated accident is serious.
Summing up the settlements of a truck accident:
The majority of the truck accidents end in a high amount of settlement which is required for the victim to get adequately compensated for the loss and suffering he/she has gone through. But, money cannot reimburse the feelings and the health deterioration that a victim goes through. Again, many times, the victim has to encounter a rigid insurance agency that tries best to reduce the liability amount. Only truck accident attorneys can fight the case efficiently to help the plaintiff get compensated enough for covering the losses. It is recommended to collect evidence and seek the help of a truck wreck lawyer for getting justice.
The truck company can try to settle the case outside the court by offering the victim a sum for the losses he/she has faced. But, it will be a foolish act to accept the amount as the real compensation amount can be much more, and with the adept assistance of lawyers, the complainant can get the deserved reimbursement. Again, it is advised to follow the traffic rules as the victim’s fault can lessen the settlement amount if proved in the court. Keep a safe distance from a commercial truck while sharing the same highway and never attempt to come too close to the truck.
Greg Baumgartner handles truck accident lawsuits for victims of truck accidents in Texas. He is an expert Texas Truck Accident Lawyer with an exemplary track record.