No online tool (such as a Texas truck accident settlement calculator) is going to give you the same information that an experienced truck accident lawyer will provide. However, by learning about how truck accident settlements are calculated and what factors go into determining your compensation for your injuries, you will have a better idea of what to expect from your potential claim.
At Wyly & Cook Law Firm, we represent clients who have been physically harmed in a truck crash, explaining to them how they might be able to recover money based upon the facts of their situation and Texas law.
Below is some additional information on what you need to know about how a Texas truck accident settlement is determined:
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What does an auto-truck accident settlement calculation tool do?
An auto-truck accident settlement calculation tool may provide a rough illustration of how much money you may be able to recover from your case using various pieces of data from your case. The tools are usually looking at the amount of your medical bills; the time you have missed from work (lost wages); the damage to your vehicle; and what happened in your crash.
While useful as a guide, these tools can only offer you an approximate idea of possible recovery values. Each truck accident injury case is different, with many factors influencing the final settlement figure. Therefore, it would be more appropriate to think of a truck accident injury claim calculator as a guide to what kind of range of settlement figures you might see in your case versus providing an exact answer of what your case’s value is.
The number of possible defendants (and the associated insurance) that could potentially be involved in a truck crash is often many. Which policies are applicable will depend on the facts as well as the terms of those policies.
No calculator or attorney can predict an assured settlement, but an attorney can provide a more personalized assessment depending on the facts, evidence, insurance, and applicable law.
Related Article(s)
Truck Accident Lawsuit Timeline: Step-By-Step of the Claim Process
How To determine your settlement amount?
The ultimate settlement value for a truck crash will depend upon such things as proven economic and non-economic damages; defendant liability; defendant’s/defendant’s comparative fault; available insurance coverage; defendant’s defenses to the lawsuit; and the overall factual context of the particular plaintiff’s claim.
Economic Damages
May include medical bills for which you are entitled to reimbursement, your loss of income (or diminished ability to earn a living), loss/damage to property, and all other financial losses resulting from the collision, as well as any related costs.
The amount of recoverable medical expense depends upon what is available under Texas law and if there is sufficient evidence of the necessity and reasonableness of the medical treatment due to this accident. The medical treatments can also be considered for the future in addition to those already incurred, where it is likely that further treatment will be needed and there is sufficient evidence to support the reasonable cost of such future treatment.
Maintain accurate documentation of each of your medical expenses and all treatments.
Wages Lost
The amount of income you were unable to generate as a result of your inability to work after your accident is another type of lost wage claim. If you sustain an injury that reduces your ability to work or generate income for years into the future, you may be entitled to recover “loss of earning capacity.”
Other out-of-pocket expenses you incur because of your injury may include, but are not limited to, travel costs for attending doctor’s appointments; making changes to your home so it is safer and easier for you to live as a disabled person; and paying for assistance with routine daily activities while recovering.
Non-Economic Damages
These meant to make up for losses that do not have an exact monetary value:
Pain and Suffering
A jury in Texas is allowed to compensate you for physical pain and suffering as long as the money awarded has some logical connection to what you’ve demonstrated through your evidence.
Loss of Enjoyment of Life
Loss of normal activity participation that is separate from all other types of damages may be considered a physical impairment if supported by the evidence.
Scars and Disfigurements
You may also receive additional compensation if you sustain injuries that leave noticeable scars or disfigurements which affect your physical appearance and your self-esteem.
Loss of Consortium
The evidence supports a loss of consortium (loss of the spousal relationship) when there are sufficient evidentiary bases for an action on the underlying injury, and there has been a demonstrable loss of the marital relationship.
To determine what you might expect in terms of a settlement amount, first add up your total amount of economic damages. The Texas laws regarding non-economic damages do not have an established multiplier for all cases; they are based upon the evidence from each case. Although permanent injury may impact the total amount of possible compensation in a case, Texas does not assign a specific multiplier to these types of injuries.
Truck Accident Attorney
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Get Compensated For Your Injuries & Damages! Call Us For A FREE Case Review. Call Us For A FREE & Confidential Case Review Today!What are average truck accidents settlement amounts?
Most truck accidents will have varying settlement amounts as a function of specifics regarding each case. Therefore, while some truck wrecks can result in significant amounts of damages awarded to plaintiffs, the settlement values will vary depending on the extent of the plaintiff’s injuries, whether there is liability on the part of the defendant, what type(s) of insurance coverage exist as well as other evidence presented during that individual case.
A soft-tissue injury claim can differ substantially in value mainly depending on liability, medical evidence, duration of symptoms, damages, and insurance coverage. This type of truck accident is very similar to a low-end car accident. It involves a minimal amount of medical treatment and a short recovery time only. Damages for claims based upon fracture(s), surgeries, and prolonged hospitalizations may be higher than other claims; however, there is no specific dollar range (i.e., “standard”) to use as an upper limit for settlement purposes, according to Texas Law. The people who get injured in these accidents also have much longer recovery times and at least some level of permanent impairment. Damages may be substantial with catastrophic injury claims; however, the actual damages that are recoverable will depend on all the evidence that relates to liability, all relevant defenses, and all potential sources of recovery.
These serious injuries are catastrophic and require massive amounts of expensive medical treatment. As an additional consideration, many people injured by trucks do not return to work after being seriously hurt in a truck accident. A Texas wrongful death claim can permit the beneficiaries to recover proven damages arising from the loss of their loved one, but settlement amounts are very case-specific.
There is no reliable statewide average for settlement amounts that will predictably establish a value for an individual Texas truck accident claim.
Since there are numerous factors that influence the outcome of each individual’s claim, the above-mentioned figures mean virtually nothing to you concerning what your particular claim may ultimately yield.
What determines the amount of money received for a Texas truck accident injury claim?
There are many factors involved in determining the potential amount of money received from a Texas truck accident injury claim:
Level of injuries
Claims involving serious injuries resulting in long-term medical treatment or permanent disability tend to have higher settlements.
Evidence & liability
The existence of stronger evidence regarding liability issues may help demonstrate that a valid cause of action exists; however, the extent of the potential recovery remains dependent on the total proven damages. In order to successfully establish liability, evidence of a driver’s fatigue; evidence of the failure to properly maintain equipment; evidence of vehicles being overloaded; or evidence of any regulatory violations that were directly responsible for causing the collision would be relevant if those elements meet both the applicable statute as well as the issue of proximate cause.
Insurance available to pay the claim
Commercial trucking insurance will depend on many different factors, including the type of operation being conducted (i.e., general freight, refrigerated products), vehicles in use, and the type of cargo being transported. The required commercial insurance for a trucking company varies depending on how much money you have available to pay as a minimum. In some cases, the limit on an insurance policy affects the amount of money that is recoverable under the policy. However, the total amount of potential damages that could be awarded against a defendant is not determined solely by the value of their commercial trucking insurance.
Attorney representation and ability to handle case
A legal representative will be able to assist in investigating possible negligence on behalf of the defendant(s), locate any possible defendants or their insurance carrier(s), and negotiate an appropriate amount of money based upon evidence and the applicable laws that support your claim.
Client conduct and/or contributions
As stated earlier, Texas has modified comparative negligence law. Therefore, if you contribute in some way to the cause of your injury through your own actions or conduct, your recovery will be reduced by the amount of fault attributed to you. In Texas (Chapter 33), if you are greater than 50% at fault, you cannot recover tort damages from the other parties involved; however, you could potentially receive first-party insurance benefits, which would include PIP.
What makes truck accident claims different than car accidents
Cases involving truck accidents have a number of characteristics which make them different from typical automobile accidents.
These include the fact that there are many potential defendants in addition to the truck driver; for example, the trucking company; those who load the cargo on the tractor-trailer; the maintenance personnel who service the vehicle; and possibly the manufacturer of the vehicle. Depending on the parties involved in a truck crash and how they have structured their insurance coverages, there could be several different types of policies that apply or from which you might receive compensation for your injuries.
FMCSA regulations govern many interstate commercial-motor-carrier operations, while Texas law also regulates intrastate commercial carriers. In general terms, if a party has violated a provision of a Federal Motor Carrier Safety Administration (FMCSA) regulation that was intended to promote safe driving practices, such a violation could support a claim for negligence based upon the specific language of the rule at issue, the facts surrounding the violations, and how those violations related to causing the accident.
Trucking companies often maintain records of their operations. However, these records can sometimes be destroyed, either intentionally or unintentionally. In addition to physical loss of data, electronic records may also be lost or overwritten. For this reason, it is very important for victims of accidents caused by commercial vehicles to take action quickly to preserve all available evidence. This can create an obligation to save evidence even prior to filing a lawsuit.
Trucking companies and insurers may investigate serious crashes immediately and may retain attorneys, investigators, or other professionals to evaluate and defend claims.
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Get Compensated For Your Injuries & Damages! Call Us For A FREE Case Review. Call Us For A FREE & Confidential Case Review Today!Steps after a truck wreck are very important
Steps taken after a crash can help preserve evidence and document injuries, but they do not guarantee a particular settlement amount.
Get medical care for yourself as quickly as you can. Even if you do not believe that you have suffered serious injury, it is very possible that you could be suffering from some type of serious injury. Many times, people do not realize they are suffering from a serious injury until many hours or days later. An unknown “treatment gap” can arise based upon whether you have a question of liability, or a claim for damages based on the specific circumstances.
Take photographs of the damaged vehicles involved in the accident. Also take pictures of road conditions, where skid marks were located on the pavement, etc., and any visible injuries. Obtain witness contact information (names and phone numbers) of anyone who witnessed the wreck.
You should contact the proper enforcement authority as required by Texas Transportation Code §550.026 when that happens, and ask the officer to prepare a crash report. An accident report created by law enforcement provides factual details about the collision.
Before providing a recorded statement to an adverse insurer, consider consulting with counsel because obligations owed to your own insurer will likely be different than those you owe pursuant to your insurance contract. An insurer may use a recorded statement when evaluating liability, causation, injuries, and damages, so focus on getting legal advice before giving one to an opposing insurer.
Maintain a complete record of ALL of your medical visits, bills, and other medical-related costs, as well as how your injuries have affected your quality of life. Documenting these areas helps support your claims for financial recovery.
Consider speaking with an experienced Texas truck-accident attorney immediately so you can identify applicable deadlines and evidence-preservation issues. Hiring counsel early can help identify deadlines and take steps to preserve important evidence, although preservation cannot be guaranteed.
Working with Wyly & Cook Law Firm
The attorneys at Wyly & Cook Law Firm know how difficult it is to deal with the aftermath of a truck accident. Wyly & Cook Law Firm represents clients in Texas truck-collision claims and pursues compensation, which is supported by the facts, evidence, available coverage, and appropriate law.
We offer contingency-fee representation in qualifying cases. Attorney fees are payable from a recovery. Clients [are / are not] responsible for litigation expenses and other case costs, as explained in the written fee agreement.
This type of agreement lets you pursue your right to seek justice against those responsible for your injuries and expenses resulting from the truck collision without having to worry about paying for the attorney’s fees before the conclusion of your case.
As appropriate, an attorney can investigate the collision thoroughly, always consult qualified specialists, negotiate with insurers, and pursue compensation supported by the evidence and applicable Texas law.
Settlement calculators and published averages can illustrate general factors considered in claims, but they should not be treated as highly reliable predictors of an individual Texas truck-accident settlement.
It is also important to remember that each client has their own specific set of facts that need to be evaluated individually.
Beginning work on your claim
Do not allow yourself to be uncertain as to what your case is worth in order to learn if you actually have an actionable legal claim. Texas usually imposes a two-year limitations period on many personal-injury claims, but accrual rules, tolling provisions, governmental notice requirements, and other statutes can create distinct deadlines.
If you would like to speak with one of the experienced attorneys at Wyly & Cook Law Firm to discuss your truck collision claim, please contact us today for a complimentary consultation. During this meeting, we will go over all of the facts surrounding your collision, inform you of your legal options, and give you an honest evaluation of what we believe your claim could ultimately be worth based upon our experiences with other similar claims.
An attorney can advocate for the compensation supported by the evidence and relevant Texas law. At Wyly & Cook Law Firm, we want to assist you in focusing on recovering from your injuries and restoring your life after being seriously injured in a truck collision.
Attorney responsible for this post: Brad Wyly. Primary practice location: 1415 N Loop West, Suite 1000 Houston, TX 77008
