Truck accidents often cause bad injuries due to the huge size of these vehicles. If you've been in a truck accident, you likely want to know the average truck accident settlement you might receive. Each case is different, with amounts varying based on many factors, but victims deserve fair pay for their injuries.
Unlike car crashes, semi-truck accidents often cause worse injuries. Medical bills add up fast, and you might miss work for a long time. At Davidoff Law Personal Injury Lawyers, we've helped many truck accident victims in Queens get the money they deserve.
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Our Expert Truck Accident Lawyers Defend Your Rights
After a tractor-trailer accident, having good truck accident attorneys makes a huge difference in your settlement. These cases have complex rules, and many responsible parties and insurance companies are trying to pay as little as possible.
At Davidoff Law Personal Injury Lawyers, we bring years of expertise to the table. Our team is dedicated to fighting for victims of commercial vehicle accidents in Queens. As competent truck accident lawyers, we study each case, find all liable parties, and build strong claims. Our team works to get settlements that cover your damages—from doctor bills to long-term care.
Don't face the legal process alone after a truck crash. Contact us today for a free case talk.
Breaking Down Truck Accidents and Settlements
Truck accidents are much worse than car crashes. Semi-trucks can weigh up to 80,000 pounds—about 20 times heavier than cars. This weight often leads to bad injuries for the injured party.
Getting fair settlements in truck accident law has special challenges. These include finding all liable parties and dealing with several insurance companies.
Types of Commercial Truck Accidents
Commercial vehicle accidents happen in several ways:
- Jackknife accidents happen when the trailer swings out from the cab
- Rollovers occur when a big rig truck tips over
- Rear-end collisions are very dangerous in semi-truck accidents because trucks need more space to stop
- Underride accidents happen when cars slide under trailers
- T-bone crashes at intersections often cause serious injuries
- Wide-turn accidents involving large trucks can cause serious injuries to victims.
Why Truck Accident Cases Are More Complex
Truck accident law has extra layers that car accident claims don't have. First, many parties might share blame—the truck driver, trucking company, vehicle makers, and repair shops. Each party usually has its own insurance and lawyers.
Federal rules govern the trucking industry. Truck drivers must follow strict rules about driving hours, rest periods, and truck care. Breaking these rules often plays a key role in most truck accident cases.
The evidence in tractor-trailer accidents can be complex. This includes electronic logs, black box data, repair records, and driver files. Without an experienced truck accident lawyer who knows how to gather this evidence, key proof may be lost.
Typical Settlement Ranges for Truck Accidents
The average truck accident settlement varies widely based on each case. Settlement amounts can range anywhere from thousands to millions of dollars. The final amount typically depends on the severity of the injuries involved.
Based on our own settlement data from most truck accident cases, we can share typical amounts.
Minor Injury Settlement Amounts
Minor injuries from truck accidents might include whiplash, sprains, cuts, or bruises. These injuries typically heal within weeks or months. Settlements for minor injuries generally range from $10,000 to $50,000.
This money covers medical bills, short-term lost wages, and some pain and suffering. Even with "minor" injuries, victims often miss work for doctor visits. The settlement should pay for these losses and vehicle damage.
Moderate Injury Settlement Amounts
Moderate injuries from truck accidents often include broken bones, herniated discs, or injuries needing surgery. These injuries typically lead to settlements between $50,000 and $250,000.
Moderate injuries need more treatment, including possible surgeries and longer recovery. You might miss weeks or months of work, losing income. These injuries can also cause a lot of pain and stop you from enjoying normal activities.
Severe and Catastrophic Injury Settlements
Truck accidents often result in serious injuries, ranging from mild traumatic brain injuries to severe spinal cord damage. Victims may also experience the loss of limbs or suffer from extensive burns. These life-changing injuries often result in settlements from $250,000 to several million dollars.
Truck crashes often cause these terrible injuries due to the strong forces involved. Victims often need ongoing care, special equipment, home changes, and lifetime help. Many can never return to their jobs or enjoy past activities. The settlements for these cases must account for lifetime care costs and lost income.
Wrongful Death Settlements in Truck Accidents
Sadly, many truck accidents cause deaths. Wrongful death claims typically range from $500,000 to many millions of dollars. The amount depends on the victim's age, earning power, and family needs.
These settlements provide money to family members who depend on the deceased person's income. They cover lost future income, funeral costs, medical bills before death, and the emotional loss felt by the family. While no amount replaces a loved one, these settlements help ensure families don't face money troubles on top of their grief.
Factors That Influence Truck Accident Settlement Amounts
Several things affect your potential truck accident settlement beyond just your injuries. Knowing these factors helps set real expectations for your final settlement.
Severity of Injuries and Long-Term Care Needs
Injury severity strongly affects settlement amounts. Severe injuries, such as those affecting the head or spinal cord, often result in the most substantial settlements because of their enduring and life-altering consequences.
Long-term care needs greatly affect settlement calculations. For severe injuries, this includes costs for ongoing treatment, therapy, health aides, and special equipment. These expenses can amount to millions over a lifetime. The settlement should account for both present and future medical expenses.
Property Damage Considerations
While injuries form the largest part of truck accident settlements, property damage also counts in your compensation. Commercial vehicle accidents often destroy vehicles due to the forces involved.
Your settlement should cover full vehicle replacement if your car is totaled or repair costs if it can be fixed. You may also get money for personal items damaged in the crash, rental car costs, and reduced value of your repaired vehicle.
Loss of Income and Earning Capacity
Truck accident victims often miss long periods of work during recovery. Your settlement should include pay for all lost wages from the accident date through your recovery.
Settlements for individuals with permanent injuries that impact their ability to work need to account for their reduced earning capacity. This means considering the difference between what they could have earned if not injured and what they can earn now. It also looks at their age, education, training, and pre-accident pay.
Pain and Suffering Compensation
Truck accident settlements go beyond covering just financial losses like medical expenses and lost income. They also include compensation for pain and suffering, addressing both the physical pain and emotional turmoil resulting from your injuries.
Pain and suffering compensation looks at pain severity, treatment time, and how your injuries affect daily life. This part can be a big portion of settlements, especially for severe injuries causing chronic pain or permanent limits.
Multiple Liable Parties in Truck Accidents
Truck accidents often involve several responsible parties, which can increase settlement amounts. Car accidents typically blame one driver, but truck accidents can involve multiple parties. These include the truck driver, the trucking company, vehicle manufacturers, maintenance teams, and cargo loaders.
Each liable party may have separate insurance, potentially increasing the total available compensation. For example, a trucking company might have a $1 million policy while the trailer owner has extra coverage. Finding all liable parties requires careful investigation.
Understanding Liability in Truck Accident Cases
Determining liability is the foundation of successful truck accident claims. Finding who's legally responsible determines who pays your compensation and affects the final settlement amount.
Under comparative fault laws, multiple parties might share responsibility. Additionally, federal rules impose extra liability standards specifically for the trucking industry.
Truck Driver Negligence
Truck drivers may be liable for accidents caused by their careless actions. Truck driver negligence can take many forms. Some common examples include speeding, driving while distracted, or operating a vehicle while drowsy. Driving while under the influence is another serious matter, as is neglecting to check blind spots before changing lanes. Each of these behaviors poses significant risks on the road.
Federal rules limit how long truck drivers can drive without rest. Breaking these hours-of-service rules often leads to driver fatigue and accidents. Drivers who fail to meet these standards can be held liable for the resulting accidents.
Trucking Company Responsibility
Trucking companies often share liability for accidents involving their vehicles and drivers. Under the law, companies are generally responsible for employee actions during work.
They can be held directly responsible for hiring drivers with poor records or inadequate training. Additionally, they may face liability for promoting unsafe practices. It includes encouraging drivers to exceed speed limits or driving hours to meet tight deadlines. Poor vehicle maintenance and improper cargo loading can also create company liability.
Vehicle Manufacturer Liability
Defective truck parts can lead to accidents, and manufacturers might be held responsible for the damages. Common issues include faulty brakes, tire blowouts, steering problems, and defective trailer hitches.
Claims against manufacturers don’t need to prove negligence. They only need to show that the part was defective and caused the accident. These claims often require complex engineering analysis to show the defect's role in the crash.
Comparative Negligence Considerations
Sometimes, accident victims share some blame for the crash. Many states use "comparative fault" rules. Under these rules, your compensation may be reduced based on your level of responsibility. However, you can still receive damages even if you are partially at fault.
For example, if you've found 20% responsible for the accident and have $100,000 in damages, you could still recover $80,000. Insurance companies frequently try to assign more fault to victims to reduce payouts.
The Settlement Process for Truck Accident Claims
Understanding the settlement process helps you prepare for what occurs after a truck accident. While each case has its timeline, most claims follow similar stages on the path to resolution.
The legal process can vary in duration, often taking several months to over a year. The duration can vary based on elements such as the intricacy of the case, the extent of the injury, and whether pursuing a lawsuit is necessary. While most cases reach a final settlement without trial, we prepare each case as if it will go to court.
Investigation and Evidence Collection
The settlement process begins with a thorough investigation and evidence gathering. This crucial phase builds the foundation for your claim.
We collect police reports, witness statements, and photographs from the accident scene. In cases involving semi-truck accidents, we gather critical evidence such as the truck's black box data, driver logs, and maintenance records. Additionally, medical records are obtained to document the extent of injuries and outline the treatment provided.
Evidence must be secured quickly. Electronic logging data might be overwritten, and physical evidence can disappear. We must act quickly to preserve vital evidence.
Calculating Economic Damages
Economic damages refer to the financial losses you incur as a result of the accident, making up a significant part of your settlement. These damages cover both past and future medical expenses, ranging from emergency care to ongoing or lifelong treatment costs.
They also cover lost wages during recovery and reduced future earning capacity for permanent injuries. Property damage, transportation costs to medical appointments, home changes, and hired help during recovery also count.
Determining Non-Economic Damages
Non-economic damages compensate for losses that don't have clear dollar values. These damages often form a large part of truck accident settlements.
Non-economic damages encompass physical pain and suffering, emotional anguish, diminished quality of life, and the strain on personal relationships. For catastrophic injuries, these damages can far exceed economic losses.
Insurance Company Negotiation Tactics
Insurance companies use various tactics to minimize settlements. Knowing these strategies helps protect your right to fair compensation.
Insurance companies often use several tactics to minimize payouts. They might push you to accept a quick, low settlement before you fully grasp the extent of your damages. In other cases, they could request excessive or irrelevant information to slow down the claims process. Some may challenge the necessity of your medical treatments. While others might argue that your injuries predated the accident.
To counter these tactics, we take a comprehensive approach. We manage all communications with your insurance company and meticulously document your damages. We also work closely with medical experts so that we get things right. Our focus is on the true value of your case rather than settling for initial low offers.
Contact Our Truck Accident Lawyers for a Free Case Consultation
Commercial vehicle accidents often involve complicated legal challenges. Several parties may be held responsible, and insurance companies may be focused on minimizing payouts. Our experienced truck accident attorneys can boost your chances of obtaining fair compensation for your injuries and losses.
At Davidoff Law, we’ve assisted numerous injury victims in Queens in securing the settlements they truly deserve. We know the impact these incidents have on victims and their loved ones, affecting them physically, emotionally, and financially. Our team has the expertise, tools, and resolve needed to take on trucking companies and their insurance providers.
Don't wait to get legal help after a big rig truck accident—evidence can disappear quickly, and legal deadlines apply to your claim. Contact us today for a free consultation to discuss your case. We'll learn how we can help you pursue maximum compensation in your final settlement. Let us fight for your rights while you focus on recovery.
