If you have spent any time driving on Texas roadways, you have likely noticed the large number of 18-wheeler semi trucks. These vehicles are crucial in carrying out interstate economic activities, and driving near them on the highway is practically unavoidable.
Unfortunately, however, there are also thousands of 18-wheeler accidents in Texas each year. These accidents affect the lives of motorists throughout Texas and can result in lengthy lawsuits and complicated settlements.
If you or a loved one has been involved in an 18-wheeler accident, contact our team today. It is important to contact an experienced attorney to help you recover the damages you deserve. The truck accident lawyers at Grossman Law Offices are qualified to handle your 18-wheeler accident lawsuit and will fight to help you maximize your settlement.
Is There An Average 18-Wheeler Accident Settlement Amount in Texas?
Unfortunately, there is no “average” settlement amount in an 18-wheeler accident case. This is because the facts and circumstances will vary widely from case to case, making each settlement unique.
However, there are still ways to determine what your potential 18-wheeler lawsuit settlement could be. Two primary factors that will be taken into consideration in an 18-wheeler accident settlement include fault and damages.
Determining Fault in an 18-Wheeler Accident Settlement
Fault is crucial in determining what your settlement might be worth. In Texas, you can generally receive compensation for your damages if the other party was at fault in causing the collision.
However, it is important to note that Texas also follows what is called a “modified comparative fault” rule. This means that you will not be able to recover any damages if you were more than 50 percent responsible for causing the accident.
Additionally, even if you were not more than 50 percent at fault, the amount of your damages will be reduced in proportion to your percentage of responsibility in the accident. Thus, fault and the proportion of fault of each party involved in the accident will be critical in determining what your ultimate settlement could be.
Of course, in some scenarios, there may be nothing you could have done to prevent the collision. Examples of instances where it is more likely that the semi truck driver was solely at fault include:
- The 18-wheeler rear-ended you;
- The truck driver was intoxicated or distracted while driving; or
- You were at a stop sign or stop light when the 18-wheeler struck you.
In these types of cases, your damages are less likely to be reduced. However, this will often come down to whether you have evidence to prove that you were not at fault.
This is where having an experienced truck accident attorney in your corner will be a great benefit for your settlement. A lawyer can help you gather necessary evidence to help you prove that you were not at fault—or at least that you were less at fault than the other party. Ultimately, this will help you to maximize your potential recovery.
Calculating Damages in My 18-Wheeler Lawsuit Settlement
In addition to fault, damages are another important factor in determining the amount of your 18-wheeler accident settlement. “Damages” is a legal term that refers to the monetary compensation an injured party receives to remedy harm resulting from another’s actions.
Your settlement will generally be comprised of economic and non-economic damages. Economic damages will help compensate you for any expenses related to your accident and resulting injuries. In an 18-wheeler accident settlement, your economic damages might include costs for:
- Past and future medical expenses,
- Lost wages,
- Lost earning potential, and
- Property damages.
Economic damages are theoretically simpler than non-economic damages to identify and calculate. However, make sure that you work with an attorney to better ensure that you do not miss any recoverable economic expenses.
Non-economic damages, on the other hand, are less quantifiable than economic damages. However, they are also important in that they help compensate accident victims for their emotional injuries. Non-economic damages in an 18-wheeler lawsuit settlement might include compensation for:
- Pain and suffering,
- Mental or emotional pain and anguish,
- Loss of enjoyment of life,
- Disfigurement, and
- Loss of consortium.
Although non-economic damages are more subjective than economic damages, they will frequently make up a large portion of your total recoverable compensation. Thus, you should always seek assistance in assessing your non-economic damages before accepting any settlement offer.
It is important to understand the extent of your damages so that you can adequately recover. A truck accident lawyer can help you identify what damages may exist in your case. This will enable you to receive the full compensation you are entitled to.
What Else Should I Know About My 18-Wheeler Accident Settlement?
18-wheeler accident lawsuit settlements can be complex and difficult to navigate. While we can’t take you through every detail of the settlement process in this one article, there are a few more things that you should know as you start the settlement process.
Seek Immediate Medical Attention
A common mistake made by many victims of an 18-wheeler accident is a failure to seek appropriate medical attention. To ultimately receive the compensation you need to recover, you will need to prove the existence and extent of your actual injuries. Without any verification of your injuries from a medical professional, this can be difficult to accomplish.
Thus, one of the first steps you should take after being involved in an 18-wheeler accident will be to seek immediate medical attention. Then, once you’ve sought the opinion and received any necessary testing from a physician, continue to monitor your injuries and how you feel in the coming days and weeks.
Common injuries in the aftermath of a collision with an 18-wheeler semi-truck include:
- Neck and back injuries,
- Head and brain injuries,
- Nerve damage,
- Internal organ damage,
- Broken bones, and
If you or a loved one has experienced any of the above injuries after an accident, you may be entitled to compensation. Seek an assessment as soon as practicable to increase your likelihood of receiving compensation for all your damages.
Act Now—The Statute of Limitations Is Two Years
Under Texas law, the statute of limitations is two years in a personal injury case, which includes 18-wheeler accident cases. This means that any lawsuit to recover damages arising out of the collision must be filed within two years of the date of the accident, regardless of how long the settlement process takes.
Thus, if you are unable to reach a settlement, it is absolutely crucial that you still bring your lawsuit within two years from the date of the accident. Otherwise, you risk losing any right to bring your legal claim at all.
How a Lawyer Can Help
18-wheeler truck accident cases can be lengthy, emotional, and complicated. We understand that dealing with your settlement can feel like the last thing you want to take on. Fortunately, however, you can always hire an attorney to handle your case for you so that you can focus on recovering.
A lawyer can help you prove that you were not at fault or that you were at least less at fault than the other party. A lawyer can also help you calculate your damages so that you can begin to recover from your injuries, all while ensuring that you take the appropriate steps within the statute of limitations.
In short, an experienced truck accident attorney can fight on your behalf to get you the compensation you deserve.
At Grossman Law Offices, we have experienced truck accident attorneys standing by ready to help you fight for your rights. Our firm has been in practice for over 30 years, and we have won thousands of cases totaling millions of dollars in recovery for our clients. Contact us today for a free case evaluation, and see how we can help you.