After a truck accident when you are facing lost wages, medical bills, and trepidation about your future, you may ask yourself “what kind of settlement can I expect from my truck accident case?”
In order for you to receive your settlement, your truck accident attorney will need to help you file a personal injury claim and prove that the liable party owed the victim of duty of care that they violated, which caused the victim’s injuries. Who the liable party is depends on the facts of the case. There are a couple of scenarios:
- The truck driver could be liable if it is found that they were not sober or otherwise not following obeying traffic laws
- The trucking company can be liable if it’s found that they have been cutting corners in terms of safety or were in any other way negligent that led to your injuries
- The shippers could be liable if your injuries were due to improperly-loaded cargo
- If the accident was due to a faulty part, then the manufacturer of that part could be liable
Commercial truck insurance is usually very comprehensive due to these types of accidents being more severe.
How are damages from a truck accident calculated?
The settlement that you receive for your truck accident is determined by a formula that the claim adjuster uses. However, no claim adjuster ever discloses the formula that they use. But most settlements are calculated based on the economic damages and the non-economic damages. Economic damages include lost wages, medical bills, future lost wages, and property damage. Non-economic damages include pain and suffering. After all of your economic damages are added up, they have then calculated again with a multiplier based on the severity of your accident. If your accident was minor and you only suffered superficial or minor injuries, then your multiplier could be as low as 1.5. In a more egregious case where there is a significant injury to the victim causing permanent damage, then the multiplier could be as high as five, or even 10 in the case of wrongful death.
Why are truck accident personal injury cases more severe?
Because trucks are generally bigger and weigh several tons when full with cargo, they can cause much more damage to a passenger vehicle. To read more about truck accident hm-attorneys.com
Staying Safe on The Road
Although no there is no way to fully prevent an accident, there are some things that you can do to stay safer. They include:
- Stay out of no zones, which are the parts in the front, back, and sides of a truck where a car is directly within a truck driver’s blind spots and cannot be seen
- Wear appropriate seatbelts. Ensure that your child is in the proper car seat or booster for their age, and that it is tightly secured.
- Never swerved suddenly in front of a truck – it takes them longer to slow down and to react due to inertia, compared to a smaller car. A small sedan can slow down and speed up much more easily than a truck carrying a lot of cargo.
- Trucks make wide turns, so be sure to give them enough space when you see a turn signal.