An average settlement for truck accident cases can vary as there are many considerations that need to be made. However, when a large, semi truck is involved in a car accident, claims tend to be larger than settlements that involve passenger vehicles.
Who is at Fault?
Comparative negligence takes into account the percentage that the victim may be responsible for the accident. If the defendant’s attorney is able to prove that the victim was partially to blame for the accident or in some way responsible, comparative negligence law applies. The settlement that the victim is entitled to receive may be reduced if they are found liable for helping to cause the accident. For example, if it is determined that the victim driving the truck is responsible for 40% of the accident, they are only able to recover from the defendant 60% of their damages.
Often damages include:
- Replacement of damaged property
- Lost wages as a result of the accident
- Medical bills
- If the accident resulted in a permanent injury, the victim could be entitled to a larger settlement.
Common Factors in determining the value of a truck settlement:
- Whether or not comparative negligence laws can be considered
- The determination of how liability will be shared and who is responsible for the damages
- Who will the settlement be shared with (in the event that there are multiple victims)
- Restrictions regarding insurance coverage
Types of Damages
Punitive damages are less common because the settlement pay out is much larger than the average personal injury claim. Punitive damages can be collected if the trucker was negligent while driving the vehicle. When punitive damages are paid out to the victim it is because the offender acted with gross negligence, causing the injury.
If the accident was the result of negligence on the part of the truck driver or due to mechanical issues with the truck, a victim may be able to gather compensatory damages. The trucking company’s insurance adjustor and the victim’s attorney will attempt to negotiate a settlement. Oftentimes, the claim will go to court if the two parties cannot reach an agreement.
Handling a trucking accident on your own may prove to be far too challenging. An experienced attorney such as the Virginia truck accident lawyer with knowledge regarding truck accidents can help to protect your interests and negotiate your settlement with the courts. An attorney can be vital in reaching a fair settlement.
Thanks to Authors at Martin Wren P.C. for their insight into Personal Injury Law.