What Are Truck Accident Settlements Worth in Texas?
If you are involved in a truck accident in Texas, you have the right to seek compensation for the damages incurred. These damages include medical and rehabilitation costs, loss of income, property damage, and many others. The first question you may have after contacting a truck accident lawyer in Texas is how much your case is worth and what the average commercial vehicle accident settlement Texas is.
The Average Settlement Amount Depends on Different Factors
The answer is that there is no set value or average truck accident settlement in Texas or any other state. Why? Because every truck accident case and its circumstances are different. A victim might receive millions of dollars in compensation, while another might receive a few thousand or even zero dollars.
Even with this being the case, several factors determine settlement amounts, and you can leverage them to get the best outcome.
Hiring the Right Attorney
One of the most significant determinants of your settlement amount is your attorney. Experienced commercial truck accident lawyers Texas who have handled numerous truck accident cases are more likely to lead to a better settlement. They understand how to collect evidence and turn it into a compelling narrative for why you should be compensated by the amount you are asking for. They also know how to source the best witnesses and experts to make your case as strong as possible.
In the case of settlement negotiations, an experienced truck accident injury lawyer is more likely to know the tactics and techniques used by trucking companies and their attorneys to keep settlements as low as possible. They will navigate and avoid all these on your behalf and settle at a number you will be happy with.
Lastly, the right experienced truck accident lawyer knows how to win cases. Companies, insurance providers, and their attorneys do not want to argue a case they know they will lose. If an attorney has a proven track record of winning in court, they would rather settle than waste time and money trying to win an unwinnable case.
Clear Liability
Liability is another crucial factor in determining settlement amounts. How well you can prove the truck driver is liable for the accident will determine how much you can get. For example, having clear evidence a driver merged where they were not supposed to or were speeding puts you in a much better position.
You can also prove the company or other parties are liable. If the business did not conduct regular tests to ensure its driver did not drive under the influence or was getting enough rest, it would be enjoined. You can also argue the manufacturer of a truck part, such as a tire, released poor-quality products into the market, thereby leading to the accident.
The main point of arguing all these things is to reduce your responsibility and liability as much as possible. Texas, like other states, follows a 51% at-fault rule. You cannot receive compensation if you are more than 51% responsible for an accident.
If you go to court, a jury will also award proportional damages depending on your liability. For example, they may find that you were 30% responsible for an accident that caused $1 million in damages. In this case, you would receive 70% of the total settlement, or $700,000.
You should hire Texas Commercial truck accident lawyers who will keep your liability as close to zero as possible so you can receive the highest sum possible.
The Severity of Your Injuries
Apart from the strength of your evidence, the severity of your injuries is another significant factor in determining the settlement amount. In general, more severe injuries lead to bigger settlements. This is in line with how much the plaintiff is likely to receive if the case goes to trial.
The defendant and their attorneys will consider whether the accident led to a disability or disfigurement, whether you will be able to recover fully, how many surgeries you will need, the length of your rehabilitation, and so on. They also consider how much the injuries impact your ability to work, especially if you are the primary provider.
Medical Costs
Tied to the above factor, your medical costs also determine the size of the settlement. These include the cost of ambulance rides, hospitalizations, rehabilitation, medication, doctor’s fees, surgeries, assistive care, and others.
The settlement will also consider required at-home visits, assistive devices, the need for different types of therapy, and the cost of medication. The settlement amount is likely to increase if you will keep incurring these costs for the rest of your life. The best commercial truck accident attorneys Texas can put together a list of all expenses so they can be accounted for in the settlement negotiations.
The Possibility of Punitive Damages
In Texas, a victim can receive a bigger settlement if their truck accident injury lawyer can clearly show the other parties that the jury might award punitive damages. In Texas, these types of damages are awarded if the plaintiff can show through convincing evidence that their injuries or damages were caused by malice, fraud, or gross negligence.
For example, a company that does not fire a driver who has several DUIs or who has a history of drunk driving might be deemed to be grossly negligent. In such a case, the jury can punish them by applying punitive damages on top of the other compensation the plaintiff receives. Instead of taking the financial hit, the company might increase the settlement by a percentage of what the jury was likely to add to the final sum.
Calculating the average or typical settlement amount in Texas or any other state is difficult because all cases are different. However, that does not mean you and your attorney cannot fight for a large settlement. How much you get will depend on several factors, including how well you can show why you deserve so much, the represented evidence, your injuries, and the attorney’s willingness to take the case in front of a judge and jury.
Contact us at Karns & Karns Personal Injury and Accident Attorneys to find you how much your case is worth.
