Over the period, truck collisions have increased in the United States. Heavy duty commercial vehicle industry generates revenue worth $80,000 billion per annum. Truck accident destruction involves a substantial rate of monetary and human loss. Was there a healing solution for life loss or financial loss brought by such road mishaps? The other question that arises here is ‘can I sue the trucking company that caused my injuries?’ and what will be the average settlement for a truck accident in the US?
Nobody answers these questions until a truck accident attorney assists you as a legal advisor cum spokesperson. If someone is seriously injured or has lost family members in a truck collision, they will undoubtedly search for all the possibilities to sue the truck company that caused the injuries. The financial pressure brought by someone else’s negligence is a subject matter to be claimed. The average settlement for such accidents in the US varies from the type of vehicle involved.
How To Claim A Truck Accident Settlement With The Help Of An Attorney?
Collating Evidence
Dealing with a heavy-duty commercial vehicle crash is different from a car crash. Several electronic devices on the highways provide valuable evidence of the collision. A truck accident attorney will help the plaintiff with complete research about the truck involved in the crash.
It is vital information to follow what type of goods the vehicle carried, to whom they are reporting, what was the speed limit, the braking frequency, halts, and duration of rest. Professional attorneys can easily trace all these in no time.
Truck Accident Injury Claims
Contrary to car crash claims, truck accident injury claims are more complicated for the federal regulations handling the drivers, companies, and landlords who lease space for the truckers are extensive in nature. It is a prolonged process since the number of individuals involved.
An expert advisory board can only deal with such a group of people dealing with such extensive regulations for an extended period. It is critical to know about the violation of the law and the individuals involved.
Partial Fault Claim
If the investigation officer finds the plaintiff at fault and still they claim a settlement against the trucker, the case gets into more complications. In such cases, by proving the percentage of guilt does not exceed 50%, the party still has a claim against the truck company. Establishing the minor portion of faults on the plaintiff’s part is the primary role of expert lawyers from the accident attorney.
Hurdles In Claiming Settlement
A victim of a heavy-duty vehicle collision by an at-fault trucker is compensated for the injuries per the judicial code. But to come to terms with the insurance company and settle the claim is way more complicated, even if the truck driver’s fault is clear-cut. Below are specific points that bring hurdles in claiming truck crash compensation.
Long-Lasting Injuries
Severe injuries like damage to the spinal cord, cerebral injuries, and permanent internal or external organ loss are common in commercial vehicle crashes. Such injuries take time to recover from and bring vast medical and surgical expenses, which mentally and physically weakens a victim. To overcome sudden imbalances in life, a victim may take a long time to proceed with his claims.
Insurance Company
Usually, a truck company has enough funds to proclaim complete insurance coverage for the victim/ plaintiff. But the insurance companies who handle the trucker’s policies fight harder to avoid the settlement since a considerable amount of compensation money is engaged. They either argue for the nonpayment or negotiate the payment amount so that the truckers spend the least amount as financial compensation.
Strict Federal Regulations
Truckers abide by strict federal regulations. They must follow several complicated rules which are designed to prevent accidents. An investigating officer counts a trucker’s qualifications, maintenance, hours of work, and much more. Most crashes occur by violating these rules, so the government’s interference makes the process slower than usual.
A Negligent Trucker Or Company
In most cases, multiple parties may be liable for compensating the plaintiff. Certain answerable corporations tend to fight against the claiming party using their external judicial resources. Such familiar responsible parties include the trucker, the company, the maintenance facility, the shipper the vehicle manufacturers.
Other Complicated Negligences
Truck drivers cause accidents by speeding, intoxication, violating long working hours, sleepy driving, lack of vehicle maintenance, and many more. These are a few complications that make the truck clash settlement more complex and slow. A truck accident lawyer is a person who can deal with all these complications on behalf of the plaintiff.
An Average Truck Accident Settlement Amount
As per Federal Motor Carrier Safety Administration (FMCSA), large vehicles of more than 10,000 pounds caused 510,000 accidents as per the 2019 census report. 119,000 (23%) were caused by injury or death. This report assumes the number of settlements paid to the injured parties per year.
Average settlement amounts
An average truck accident amount is $42,909.88, payable by tall truck types. The compensation amount imposed exclusively on tractor-trailers is a moderate amount of $47,777.50. The settlement amount for commercial/ other heavy vehicles has gone up to $35,412.80, according to the 2015 – 2024 truck accident settlement graph by Brown & Crouppen.
How A Settlement Amount Is Determined
Liability is the factor that determines the gravity of a truck collision. A truck collision settlement involves a vast compensation compared to other road crashes. The party that was found faulty is responsible for paying the amount. Injuries caused are also an essential factor that decides the amount. Lastly, the insurance policy is another criterion that establishes reasonable pay.
Following is the list of the minimum amount that a commercial vehicle owner or an operator should carry:
- $300,000 for vehicles that have a non-hazardous cargo of 10,000 pounds or below
- $750,000 for vehicles that have more than 10,000 pounds
- $1,000,000 for private tankers carrying oil
- $5,000,000 for private carriers loaded with hazardous cargo
Winding Up
A truck crash victim is traumatized and weak unless he finds a perfect action partner to help him sue compensation cases against the responsible individuals or a firm. Settling with a fair amount against physical and monitorial loss is complicated. Still, there is a ray of hope in the form of a truck accident attorney who can fight against the injustice that falls over the injured plaintiff or their family. Whatever the average amount acquired from the faulty party is moral support for the victim.
