Not only are these accident settlement amounts often underestimated, but they also fail to consider all factors that go into determining the dollar amount, such as medical care costs, lost wages, pain and suffering, emotional distress, and potential future expenses related to rehabilitation or long-term care.
The truth is that every case is different and that it’s impossible to accurately predict your settlement amount. Settlements could range anywhere from a couple of thousand dollars to several million. Nonetheless, we appreciate how having a general idea can be helpful and we’ve written this article to do just that.
Keep in mind that the biggest factor impacting a settlement amount is your legal team. In other words, the question you should be asking is: Why does my lawyer make a difference when it comes to my accident settlement?
Let’s begin by reviewing a few statistics as they relate to big rigs and 18-wheeler accidents.
Semi Truck Accident Settlements Stats
Thousands of people die every year due to accidents that involve semi-trucks (4,764 in 2022 alone). These accidents tend to lead to massive property damage and, for those lucky enough to survive, long-lasting physical injuries.
Another interesting fact is that there are both seasonal and regional risks associated with commercial truck accidents – September and October are when most occur and the states with the highest percentage of fatal crashes in 2022 were:
- North Dakota – 23%
- Wyoming – 21%
- Iowa – 16%
- New Mexico – 15%
- Nebraska – 15%
- Montana – 15%
6 Factors That Influence Accident Settlement Amounts
As mentioned, a lot of factors go into determining how much compensation a victim or victim’s family may receive after a large truck accident.
#1 Severity of Injuries
When it comes to determining the severity of injuries caused by an accident, one must look at how it has impacted daily life and ability to work, the length of time recovery takes or if the injury is permanent, and the required long-term medical care or rehabilitation.
Impact on daily life and ability to work assesses mobility limitations, managing chronic pain, living with the emotional distress, or the hindrance on one’s ability to carry out everyday activities and maintain employment.
Some injuries can take months or even years to heal. That is if the injury heals at all, as a permanent disability can prevent a victim from returning to their previous lifestyle or way of life.
Long-term care and physical rehab are commonplace after being in an accident involving a commercial truck. Physical therapy and specialized medical care are often needed and required to manage chronic conditions and for recovery. Both add significant financial and emotional burdens to victims.
#2 Medical Expenses
After an accident, medical expenses can add up quickly. Everything from emergency care and surgery, taking place immediately, to future medical needs and reimbursement for out-of-pocket expenses must be taken into account.
Immediate treatments and expenses can go beyond an ER visit or surgery, such as paying for ambulance service and one’s hospital stay, and are often the basis for the bulk of the settlement demand.
Future medical expenses must be calculated too. Everything from long-term care, physical therapy, counseling, and medication is considered.
There are often out-of-pocket costs that accident victims must pay too, which they are entitled to reimbursement for. These expenses include travel costs for medical treatments and compensation is necessary to reduce the injured’s financial burden.
#3 Loss of Income
When severely hurt in a vehicle collision, loss of income due to one’s inability to work is common and must be taken into consideration. This includes lost wages during recovery time, loss of future earnings, and/or the impact injuries have on career advancement.
If filing a claim for lost income, this calculates time away from work due to injury, the total missed income, and the settlement should cover financial gaps during the time it takes to fully recover.
Future earnings are impacted by permanent injuries or impairment preventing the victim from working at the same capacity as before. Lost future income and missed career advancements are both considered in the settlement amount.
It’s quite easy for a disability or injury that takes a long time to recover from to lead to lost opportunities in the workplace. Long-term career growth and the financial stability a lost promotion may have provided are important to assess.
#4 Pain & Suffering
Living in pain after a severe accident is an uncomfortable way to live and must be compensated for, monetarily speaking. Pain, the emotional distress it causes, and reduced quality of life are common and one of the most impactful aspects of calculating settlement amounts.
Acute and chronic pain that requires medical intervention and impacts daily activities – the severity and duration of suffering – must be reflected in the settlement.
Victims regularly undergo emotional distress, leading to anxiety, depression, and even PTSD. All of which must be treated in an effort to restore one’s life, the best medical professionals can, back to pre-accident conditions.
Quality of life is important and if a victim has lost what they once had, regarding relationships, hobbies, and other normal activities, this burden should also have a monetary value assigned to it.
#5 Liability & Fault
Determining liability and fault, whether it’s the truck driver, trucking company, or a third-party actor, like a maintenance provider or manufacturer, is key to determining who compensates the victim.
If both parties share fault, this could fall under comparative negligence laws and can significantly reduce the settlement proportionally to the injured party. The degree of responsibility, as it relates to the victim, affects compensation.
Accident scenes leave behind plenty of evidence for reconstructors to evaluate. Critical evidence like police reports, eyewitnesses, and video strengthen a victim’s claim and play a pivotal role in negotiating the settlement amount.
#6 Insurance Company’s Role
It’s a lawyer’s job to get as much compensation as possible for their client. While on the other side, it’s the insurance company’s job to pay out as little as they legally have to.
Trucking companies often carry high-limit commercial policies; however, many have caps for which their insurance is willing to pay (e.g., $1 million), and this isn’t always adequate to cover extensive damages.
Trucking companies may carry umbrella insurance to pay out beyond their primary policy, and similarly, third-party contractors or cargo owners may have policies that can provide additional coverage.
Though not as common in a trucking company-related accident, as commercial businesses are often well insured, victims may be able to turn to their own underinsured/uninsured motorist policy to recover additional compensation.
Average Settlement Ranges for Semi-Truck Accidents
The following information is to give readers an idea of what monetary compensation looks like for different levels of severity of injury. It shouldn’t be considered a baseline or accurate portrayal of what one’s own accident-injury case may pay out – your attorney determines it.
Minor & Moderate Injuries
Minor injuries, like whiplash and soft tissue damage, might lead to settlements in the range of $2,500 to $20,000, depending on treatment and recovery time. Whereas moderate injuries, like broken bones and those that lead to surgery, can fall in the neighborhood of $50,000 and $200,000.
Severe Injuries & Permanent Disabilities
A catastrophic injury, while unfortunate, does lead to higher recovery amounts. These types of injuries, including traumatic brain injury, spinal cord damage, and amputation, are life-altering and demand significant compensation. It’s not uncommon for injuries of this nature to begin in the six-figure range and to well into the millions of dollars.
Wrongful Death Claims
When someone dies due to the negligence of another, this is referred to as a wrongful death case. Accidental deaths are often compensated well into the millions. Accident severity, level of neglect, and punitive damages, plus the victim’s age, earning potential, and number of dependents, all influence the settlement amount.
Have You Been Injured in a Semi-Truck Accident?
The key takeaway from this article should be that accurately calculating one’s settlement amount after being injured or killed in a trucking accident cannot be done on a mass scale. Each case and each victim is different, and their specific circumstances form the basis for their settlement.
It’s a truck accident attorney’s job to take all things into consideration and use the evidence to determine a fair settlement amount. It is because of this that it’s important to have an experienced legal team, like the legal professionals at Stinson Law Group, on your side.
As an established semi-truck accident law firm, we are trucking accident experts, having handled many notable cases in both Bozeman, MT and Cody, WY. We encourage you to reach out for a free consultation today. Remember: your lawyer does make a difference; allow us to prove it to you.
Have You Been In A Truck Accident?
The Attorneys of Stinson Law Group practice personal injury, business, and criminal defense law statewide in both Wyoming and Montana. If you’ve been involved in an accident and need the best truck accident lawyer, please contact us for a free consultation.