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Factors that Affect Semi Truck Accident Lawsuit Settlements
When calculating your settlement, there are a few factors that have a major influence on the settlements from semi truck wrecks the extent of your damages and your share (if any) of liability.
The valuation of your case hinges largely on the scope of your damages, which can be categorized into economic and non-economic losses. Economic damages encompass tangible financial losses like medical bills, lost income, vehicle repair costs, and projected future expenses. While some of these costs can be estimated, accurately forecasting future expenses often requires legal expertise.
Non-economic damages, on the other hand, pertain to intangible losses such as pain and suffering, emotional distress, disability, disfigurement, and diminished quality of life. Calculating these damages varies significantly from case to case and may involve methods like applying a multiplier to economic damages or assessing a per-day cost during recovery.
Another critical factor affecting your settlement is comparative negligence, which determines the degree of fault attributed to each party involved. In most states, a pure comparative negligence system is followed, allowing victims to seek compensation even if they are primarily responsible for the accident. However, any compensation awarded is reduced proportionally to the victim’s percentage of fault.
For instance, if you incur $100,000 in damages but are found 15% liable for the accident, your compensation may be reduced to $85,000 accordingly. Understanding these factors and their implications is crucial when pursuing fair compensation for a semi-truck accident.
What is the Longest a Truck Accident Settlement Can Take?
Estimating the duration of reaching a truck accident settlement is akin to gauging the total settlement cost it varies significantly based on numerous factors. While some cases may wrap up outside of court within a few months, others might extend over several years before reaching a resolution.
In general, the most prominent factor when it comes to determining the length of time a car accident claim or any kind of personal injury case takes is whether or not the case ultimately goes to trial. A court trial can take several months to multiple years, depending on the available elements, court scheduling, appeals, and other procedural requirements that come with a trial.
In California, car accident claims typically take approximately 6 months to a year to settle, although individual circumstances can lead to deviations from this timeframe. Understanding the nuances of each case and the legal processes involved is essential for managing expectations regarding the duration of reaching a settlement.
Common Causes of Semi Truck Accidents
Semi-truck accidents stem from various causes, including:
- Driver fatigue: Extended periods behind the wheel without adequate rest can lead to drowsiness or fatigue, significantly heightening the risk of accidents.
- Distracted driving: Diverted attention due to cellphone use, navigation systems, or other distractions can lead to diminished focus on the road, increasing the likelihood of collisions.
- Improperly loaded cargo: Cargo that isn’t correctly secured or balanced on a semi-truck may shift during transit, potentially causing cargo spills or loss of control for the truck driver.
- Mechanical failure: Regular maintenance is crucial for semi-trucks to ensure they operate safely. Failure to uphold proper maintenance standards can result in mechanical malfunctions on the road.
Trucking Accident Injuries
Exploring common injuries and their typical settlement amounts can offer valuable insights for those contemplating legal action.
- Broken bones: Settlements for non-surgical injuries generally fall between fifty and one hundred fifty thousand dollars. If surgery is necessary, expect a higher settlement.
- Back and/or neck injuries: Settlements for these injuries vary depending on severity, ranging from mild whiplash to paralysis.
- Fatalities: Wrongful death cases often result in multi-million dollar settlements.
Although there is no perfect commercial truck accident calculator, it is safe to assume that the heavier and more severe the damage, the higher the settlement. Consider approaching an 18-wheeler accident attorney with all your settlement questions. They’ll be able to appoint great legal resources and provide sound advice.
Earning a Settlement
According to Carabin Shaw, in certain cases, opting for a settlement instead of proceeding to trial is common, typically resulting in a lump-sum payment [1]. Court-awarded compensation, on the other hand, is often disbursed in installments over a specified duration. Negotiating such agreements involves intricate discussions, making legal representation essential.
18 Wheeler settlement amounts are influenced by liability and severity of the crash, and semi-truck accident settlements are typically higher than settlements for single passenger car wrecks due to their severity. Consider working with a specialized 18 Wheeler accident lawyer.
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- Semi Truck Brake Failure Litigation
- What Happens If a Mail Truck Gets in an Accident?
- Why are Oil Field Truck Accidents Such a Problem?
See all related personal injury and accident lawsuits our attorneys covered so far.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.carabinshaw.com/18-wheeler-settlement-amounts-accident-calculator.html