Commercial vehicle accidents are a persistent problem in the United States. In 2021 alone, over 435,000 commercial vehicle accidents were reported, illustrating the widespread impact of these incidents. This represents a notable increase from the previous year when there were 415,444 reported accidents. Understanding the average settlement for commercial vehicle accidents is crucial for victims, as it provides insight into the compensation they may be entitled to. Additionally, post-accident considerations, such as gathering evidence and seeking legal representation, play a pivotal role in ensuring victims receive fair compensation for their injuries and losses. Being informed about these aspects can help victims navigate the aftermath of a commercial vehicle accident effectively.
Common Commercial Vehicle Accident Causes
Commercial vehicles encompass a wide range of vehicles used for business purposes, including trucks, buses, vans, and other large vehicles. These vehicles are essential for transporting goods and passengers across the country, but they also pose significant risks on the road. Common causes of commercial vehicle accidents include:
- Driver fatigue. Long hours on the road can lead to fatigue, impairing a driver’s judgment and reaction times. Truck drivers, in particular, may face pressure to meet tight delivery schedules, increasing the risk of fatigue-related accidents.
- Distracted driving. Distractions such as cell phone use, eating, or adjusting the radio can divert a driver’s attention from the road, leading to dangerous situations. With the rise of smartphones and other electronic devices, distracted driving has become a significant concern in commercial vehicle accidents.
- Improper maintenance. Neglected maintenance can result in mechanical failures, such as brake malfunctions or tire blowouts, increasing the likelihood of accidents. Regular inspections and maintenance are crucial for ensuring the safety of commercial vehicles and preventing accidents.
When a passenger vehicle is involved in a collision with a commercial vehicle, the result is often serious injuries, and, in the worst cases, fatalities. In these situations, the next step for victims is to get in contact with an attorney to seek a truck accident settlement.
Average Settlement for Commercial Vehicle Accidents
Commercial truck accident settlement amounts can vary widely depending on several key factors, including:
- Severity of injuries. The severity and extent of injuries sustained by the victims are among the most significant factors influencing settlement amounts. Catastrophic injuries such as spinal cord injuries, traumatic brain injuries, or permanent disabilities typically result in higher settlements due to the long-term impact on the victim’s quality of life.
- Medical expenses. The cost of medical treatment, including hospital bills, surgeries, medications, rehabilitation, and ongoing care, is a crucial consideration in determining settlement amounts. Victims with substantial medical expenses are likely to receive higher settlements to adequately cover these costs.
- Lost wages and reduced future earning capacity. Victims who are unable to work due to their injuries may be entitled to compensation for lost wages and reduced future earning capacity. This includes not only the wages lost during recovery but also the potential earnings the victim would have earned in the future if not for the accident.
- Property damage. Property damage to vehicles and other personal belongings is another factor considered in settlement negotiations. Compensation for repair or replacement costs of damaged vehicles, as well as other property damage, may be included in the settlement amount.
- Pain and suffering. Noneconomic damages such as pain and suffering, emotional distress, and loss of enjoyment of life are also factored into settlement amounts. While these damages are more challenging to quantify, they are essential for adequately compensating victims for the physical and emotional toll of the accident.
- Comparative fault. Comparative fault laws, which vary by state, can impact settlement amounts in commercial vehicle accident cases.
Your attorney will consider these factors and others in negotiations and litigation to arrive at a fair and equitable settlement amount with the other parties and their insurance companies.
Case Studies and Real-Life Examples
In examining actual settlement amounts for truck accidents, we gain valuable insights into the settlement amounts and outcomes, offering lessons that can apply to victims’ situations.
Example A
A semi-truck loses control of his rig and collides with Victim A’s car, who suffers severe spinal cord injuries, resulting in paralysis from the waist down. After extensive negotiations, the victim’s legal team secured a settlement of $3.5 million to cover medical expenses, lost wages, and pain and suffering. This case underscores the importance of thoroughly assessing the extent of injuries and advocating for fair compensation for long-term care and rehabilitation.
Example B
A flatbed truck driver is involved in a collision between a delivery truck and a passenger car, resulting in multiple injuries to the occupants of the car. Despite initial resistance from the insurance company, the victims’ attorney successfully negotiated a settlement of $1.2 million to cover medical expenses and compensate for the emotional trauma and lost quality of life. This case highlights the perseverance required in pursuing fair compensation and the value of legal representation in achieving favorable outcomes.
Lessons Learned
These case studies emphasize the critical role of legal representation in commercial vehicle accident cases. Victims must seek experienced attorneys who can effectively advocate for their rights and negotiate with insurance companies to ensure fair compensation. Victims should not settle for less than they deserve, especially when facing significant injuries and losses. It’s essential to assess the full extent of damages and consider long-term implications when negotiating settlement amounts.
Contact Us
If you’ve been injured in an auto accident and a commercial vehicle was involved, we know how overwhelming the aftermath can be. Dealing with the insurance companies and trying to keep the bills paid while you are recovering is a lot to deal with, but you don’t have to handle it alone. At Evans Litigation and Trial Law, we are here to help. With over two decades of trial law experience and a proven track record of success, our primary focus is helping victims and their families receive the compensation they deserve in personal injury cases involving truck wrecks, commercial motor vehicle collisions, and wrongful death. To set up a consultation, call our office or fill out our online contact form to get started.
Alfred L. Evans III, an Atlanta native and Hampden-Sydney College alum, is a seasoned personal injury lawyer with a unique background in insurance defense. Founding Evans Litigation and Trial Law in 2013, he specializes in wrongful death litigation, trucking litigation, and various vehicle accident cases. Recognized as a Super Lawyer and a “Rising Star” by Superlawyers, Alfred applies his in-depth knowledge of the insurance and trucking industries to maximize client recoveries.
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