Truck accident victims can face devastating injuries and associated costs. Even at low speeds, an accident involving a truck much heavier and larger than most other vehicles can result in serious damage. So if you or a loved one are seeking payment for damages incurred due to an accident involving impact by a truck, you might ask, “what’s the average truck accident settlement amount I can expect?”
The answer is that there isn’t an average settlement amount for accidents involving trucks. Settlement results from truck accidents vary greatly, depending upon the details of each case. Here, we’ll share some factors that determine the total amount you might receive if you’re a truck accident victim.
If you live in or near Rock Hill, Fort Mill, Lancaster, or Lake Wylie, South Carolina, and were injured in an accident involving impact by a truck, the skilled truck accident lawyers of Elrod Pope Law Firm can help. We can evaluate whether the settlement agreement you’re offered for your truck accident provides fair compensation. Contact us now to discuss your case.
Truck Accident Settlement Amounts Depend Upon Many Factors
Multiple variables must be considered when determining a fair settlement for a truck accident. These variables include:
- Severity of damages
- Expenses incurred
- Property damage totals
- Pain and suffering
- Punitive damages
Each accident can look very different. So there’s no set average settlement. But a skilled personal injury attorney can examine all the facts surrounding your truck accident and resulting damages, giving you a general idea of what to expect when seeking a fair settlement.
Common Variables Used to Determine Truck Accident Settlements
The following factors are examined when determining how much your truck accident claim is worth.
The party or parties at fault
In most truck accident cases, the truck driver is the primary party at fault. But fault must be proven. Depending on the details of the accident, this is easier in some cases than others.
In some cases, truck accidents have more than one at-fault party. In addition to the truck driver, the trucking company, a parts manufacturer, or a maintenance company might share the fault.
If you or another driver was partially to blame, the percentage of responsibility each party bears would affect the total of the truck accident settlement. The skills of a personal injury lawyer may be required to perform an investigation of the conditions of the accident.
The severity of injuries
Truck accident injuries can be serious or even life-threatening. If you are no longer able to do certain things you did previously due to your truck accident injuries, you’re likely to receive a larger settlement. Your lawyer will consider the cost of your injuries and how they have affected your life.
The total of your medical care costs
Maintain a record of all medical costs resulting from your truck accident, as they should be reimbursed. These costs can range from hundreds to millions of dollars, depending on the severity of injuries and the type of treatment required.
Medical costs can include a combination of:
- Physician charges.
- Hospital bills.
- Prescription drugs.
- Physical therapy costs.
- Travel to and from medical appointments.
- Future medical expenses due to chronic symptoms from accident injuries.
Serious injuries, especially catastrophic ones, the symptoms of which are often expected to continue through future years, meaning medical care often makes up the most significant portion of the costs of a truck accident claim. Therefore, in general, the higher your medical expenses, the more the total of your settlement value. Still, always remember each case is unique.
Missing work due to injuries from a truck accident results in lost wages, for which you deserve compensation. Providing pay stubs from before you were injured and other proof from your employer can help your lawyer obtain fair compensation for lost wages.
If you are unable to return to the same job type as before, you may be eligible for even more loss of income-related damages. A personal injury lawyer can help determine your eligibility.
Often, a truck accident victim’s car is totaled when impacted by a truck of massive size and weight. Whatever damages your vehicle received, your settlement should include coverage for your vehicle’s entire value or the necessary repairs. The settlement amount you receive for damage to your vehicle will depend on the type of vehicle, the damage’s severity, and the truck driver’s liability.
Damages for pain and suffering
Pain and suffering means non-economic damages. This category of damage may include:
- Physical or emotional pain and suffering resulting from your injuries.
- Loss of enjoyment of life in general due to the accident.
- Fear, humiliation, or anger resulting from the accident.
- Anxiety or depression following the accident.
Pain and suffering damages are not as straightforward as medical bills or lost wages. You will need the help of an experienced truck accident lawyer to determine how much your pain and suffering is worth from a monetary standpoint.
Most personal injury accident lawsuits are settled out of court. But some truck accidents are significant events which can result in a court appearance.
Punitive damages are a special award the court orders the negligent party to pay the victim if the case goes to trial and the victim qualifies. Levied by the court for egregious cases of negligence, your lawyer can request the court to consider them if your case fits the requirements.
When Is a Truck Accident Settlement Offer Fair?
Only a personal injury attorney experienced with truck accidents can determine whether the settlement you’re offered is fair in consideration of your losses. If the truck driver who hit you is ruled fully at fault, the settlement should compensate, at minimum, for past and future medical treatment, lost wages, property damage, and pain and suffering.
Consult With a South Carolina Truck Accident Lawyer at No Cost
At the Elrod Pope Law Firm, we have ample experience as South Carolina injury lawyers dealing with tractor-trailer accidents and their complex liability determinations. Our attorneys can review the damages you’ve experienced as a result of a truck accident free of charge.
Make certain you receive the compensation you deserve. If we believe it’s in your best interest to pursue a higher settlement amount, we will utilize our expertise to fight for your rights. Contact us in Rock Hill, Fort Mill, or Lake Wylie, SC, for a free case evaluation.
Truck Accident Case FAQs
How long do I have to file a claim after being injured in a truck accident?
The statute of limitations for personal injury cases varies by state. In South Carolina, you have three years following the accident to file a claim.
Do I have to testify in court to get a fair settlement?
In most cases, no. Insurance companies and trucking companies want to avoid the costs of a lawsuit. They prefer to settle out-of-court. But often, they offer an insufficient amount. A truck accident lawyer can help you get a fair amount for your truck accident settlement.
If the case goes to court, the attorneys at Elrod Pope Law Firm are prepared to represent you and guide you through court proceedings.