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What Is the Average Settlement for a Semi Truck Accident?

According to the Federal Motor Carrier Safety Administration (FMCSA), the typical settlement figures for truck accidents are:

  • For all truck accidents: $91,000
  • Fatal truck accidents: $3.6 million
  • For property damages: $15,144
  • Truck accidents resulting in injuries: $200,000

However, these figures are averages, and the actual settlement value depends on several factors, including the severity of your injuries, medical costs, property damage, and the specific laws and regulations of the state where the accident occurred.

If you’re involved in a truck accident, obtaining these settlement amounts can be challenging, as insurance companies might attempt to place the blame on you. Therefore, it is crucial to have professional legal support. 

At Uptown Injury Law, PLLC, our experienced truck accident attorneys are committed to simplifying the legal process for you, ensuring you receive the support and maximum compensation for your damages. Give us a call at 917-540-8728, or start your free case evaluation today.

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What Is the Average Payout in a Truck Accident?

On average, average truck accident settlements range from $91,000 to $200,000. Additionally, the average settlement amount for the other heavy/commercial trucks is $69,787, and for tractor tailors is $69,787.

Factors Determining a Semi-truck Accident Settlement Amount?

Many factors determine the settlement amount in truck accident cases. These involve the severity of your injuries, the extent of property damage, the degree of pain and suffering, the coverage limits of trucking insurance policies, wrongful death, and the laws or regulations in your state that may apply.

In such cases, you should reach out to a personal injury lawyer specializing in similar cases. They will handle all the paperwork of your claim so that you receive the full settlement you rightfully deserve.

1. The Severity of Your Injuries and Damages

The severity of your injuries and damages is a major factor in determining your settlement amount. For example, most severe injuries like broken bones or traumatic brain injury often result in higher medical bills and longer stays in hospitals, which can increase your final payout. 

Similarly, if your injuries lead to disabilities, disfigurement, or chronic pain. In that case, the settlement amount you receive will also be higher to address your current and future medical expenses.

2. The Extent of Damage to Your Property or Personal Belongings

Another significant factor affecting the final settlement amount is the extent of damage to your property or personal belongings, such as your phone, laptop, or luggage. 

For instance, if your car gets damaged in a truck accident, the money you receive as a settlement will be higher to cover the cost of a rental car until your vehicle is repaired or replaced. Likewise, if the accident reduces your car’s value (diminished value), this will also maximize your semi-truck accident settlement amount.

3. Emotional Trauma and Distress You Suffer

The emotional effects of a semi-truck accident, such as PTSD, anxiety, mental anguish, and fear, can be as harmful as physical injuries. If your emotional trauma has made it hard for you to enjoy activities you once loved, or if it has affected your relationships with family and friends, you’ll likely receive a higher settlement amount. However, it’s hard to put a fixed price on pain and suffering damages, but these emotional issues play an important role in determining your settlement figure.

4. Minimum Liability Insurance of Trucking Companies

The minimum liability insurance held by the trucking company involved in your accident impacts your final settlement amount. This insurance coverage helps pay for any harm or injuries caused by the truck driver or the trucking company. The Federal Motor Carrier Safety Administration sets these basic insurance requirements for trucks:

  • Small trucks (non-hazardous cargo) that weigh less than 10,001 pounds: minimum of $300,000 in liability insurance.
  • Larger trucks (non-hazardous cargo) that weigh 10,001 pounds or more: minimum of $750,000 in liability insurance.
  • Oil Tankers that weigh 10,001 pounds or more: minimum of $1,000,000 in liability insurance.
  • Hazardous material trucks that weigh 10,001 pounds or more: at least $5,000,000 in liability insurance.

5. The Wrongful Death of Your Family Member or Friend

The loss of a loved one in a semi-truck accident is a devastating experience. Although no amount of money can compensate for your loss, it may impact the settlement amount for other family members.

In such a case, you can file a wrongful death claim against the responsible trucking company or driver to seek compensation for various damages, such as funeral costs, loss of future income, and loss of companionship.

In New York, you have a two-year window to file a wrong death claim from the date of the accident. To ensure you meet this deadline, get in touch with a seasoned truck accident attorney at Uptown Injury Law, PLLC, as soon as possible.

6. The State Liability Laws and Negligence Rule

The liability laws and negligence rules of the state where your accident occurred also determine your settlement amount. In some states like NYC, if you’re found partially at fault, it could reduce your settlement amount.

NYC follows the pure comparative negligence rule to determine liability. According to this rule, the percentage of fault or responsibility you bear for the accident will reduce your compensation.

For example, if you’re 60% at fault, you may be able to recover only 40% of the damages from the truck driver or trucking company, and your insurance company will cover the remaining 60%. However, you may receive a higher settlement if the negligent party is 100% liable for your accident.

In states with modified comparative fault laws, you may not get compensation for damages if you’re 50% or more at fault for an accident. However, in no-fault states, you can’t file a lawsuit to claim your damages, no matter whose fault it is.

In such states, drivers must have Personal Injury Protection (PIP) insurance. This insurance pays for your injuries and losses. But, if your damages exceed what PIP covers, you can claim additional coverage from the responsible trucking company or driver.

When Will You Receive Your Semi-truck Accident Settlement?

In a semi-truck accident, you can expect the settlement amount typically within 6 months after the crash. However, every case is unique, and various factors will affect the timeline for receiving your settlement. 

Additionally, before receiving your settlement, you must reach maximum medical improvement (MMI) to understand your long-term medical needs and expenses clearly. This is because settling before reaching MMI might leave you with compensation that doesn’t fully cover your needs.

What if My Case Goes to Trial?

If your semi-truck accident case proceeds to trial, it could prolong the time of receiving your settlement check. Although most truck accident claims are settled out of court, a judge or jury may still decide your case. If that happens, you need to seek the expertise of a seasoned truck accident attorney. A lawyer can speed up the compensation process, ensuring you receive your settlement amount as quickly as possible.

Therefore, to enhance your chances of securing a quick settlement, reach out to Uptown Injury Law, PLLC. Our proficient truck accident lawyers can accurately calculate the value of your damages and seek maximum compensation on your behalf.

Types of Damages You Are Entitled to After a Truck Accident

In a semi-truck accident, you can pursue compensation for various damages to address your financial losses and support your recovery. These damages are:

  • Medical bills such as hospital stays, surgeries, medications, physical therapy, and any necessary long-term healthcare.
  • Lost wages and loss of future working ability.
  • Pain and suffering or emotional distress.
  • Repairs or replacement of your vehicle and other personal belongings damaged in the accident.
  • Punitive damages to punish the wrongdoer and avoid such conduct in the future.
  • Loss of your loved one and a companion.

To ensure you receive the maximum possible compensation for your damages, you must seek the assistance of a seasoned truck accident lawyer. At Uptown Injury Law, PLLC, our truck accident attorneys will tirelessly negotiate with insurance companies on your behalf and secure fair financial compensation in your personal injury case.

Understanding the Nature and Consequences of Semi-truck Accidents

Semi-trucks can have a gross weight of up to 80,000 pounds, which is heavier than the average passenger vehicle. Due to the size and weight of these commercial vehicles, they can cause severe and catastrophic damage to the people involved.

Furthermore, the number of fatal semi-truck accidents has increased by 12% between 2007 and 2018. For example, the National Safety Council reported a 15% rise in truck accidents resulting in injuries from 2016 to 2021.

StatisticNumber/Percentage
Total truck accidents causing injuries117,300
Fatalities in semi-truck accidents5,700
Fatal truck accidents in New York108

What Should You Do After a Semi-truck Accident?

After a semi-truck accident, immediately call 911 to report the crash and request medical attention if needed. Furthermore, undergo a medical evaluation, even if you feel fine, because some injuries may not be immediately apparent.

Next, take photographs of your accident scene, including pictures of vehicles, road conditions, and any relevant signs or signals. Exchange contact or insurance information from all parties involved, but avoid discussing fault or making statements that they could use against you later.

After gathering evidence, report the accident to your insurance company and stick to the facts without providing more information than necessary. However, refrain from settling the claim with the insurer until you’ve fully assessed the extent of your damages and losses.

After you see your doctor, follow up on all the appointments. This will show the insurance company your ongoing need to treat your injuries. However, if an insurance adjuster sees that you’re not receiving medical treatment, they may think your condition is not severe or improving. This could lead them to offer you less money as compensation.

In addition, to maximize your chances of receiving full compensation, contact an experienced lawyer as soon as possible. In New York, you have a three-year window starting from the accident date to file your claim. A truck accident attorney can ensure you don’t miss this deadline and protect your rights throughout the legal process.

Why Should You Hire a Lawyer After Semi Truck Accident?

Dealing with a semi-truck accident can be overwhelming, but by hiring a lawyer, you can focus on your health while they handle the complexities of your case. The trucking industry has a complex set of state and federal laws. A lawyer with experience in truck accidents deeply understands these laws and handles your case efficiently.

Additionally, these large trucking companies often have huge resources and legal teams fighting for them to minimize their liability in accidents. However, having an attorney levels the playing field by looking at evidence, such as black box data and CCTV footage, that proves the negligence and liability of a trucking company or truck driver.

Similarly, these truck crashes can leave you with physical, emotional, and financial damages. But a lawyer can help you calculate the accurate value of your damages, such as ongoing medical bills, lost earning capacity, and emotional trauma. 

A skilled lawyer can deal with insurance companies on your behalf and fight for your rights in court if necessary. They ensure that any settlement offer fully compensates for your damages.

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What Are the Fees of a Semi-truck Accident Lawyer in New York?

A semi-truck accident lawyer in New York operates on a contingency fee basis, which means there are no upfront costs for you. This fee policy is beneficial because it aligns the lawyer’s interests with your own – they are motivated to achieve the best possible outcome for your case, as their payment is contingent upon winning your claim.

Under this system, a truck accident lawyer will take between 33.3% to 40% of your settlement amount as their contingency fee. However, this fee percentage might vary depending on the legal complexities involved in your case. 

For instance, if your case goes to trial, you may have to pay a higher fee due to the additional work and resources needed to strengthen your case. These can include court filing costs and fees for expert witnesses like accident reconstructionists.

So, before you finalize your agreement with a lawyer, understand all the terms of the fee arrangement. A reputable law firm will ensure you fully understand how to calculate the fees and expenses and when to pay them. 

Consult Uptown Injury New York Truck Accident Lawyer for Free

If you or someone close to you has experienced a semi-truck accident, we understand the overwhelming physical and financial toll it can take. Uptown Injury Law, PLLC, is a trusted and top-rated law firm in New York, we truly understand the extent of your distress and are dedicated to guiding you through these difficult moments.

How Can We Assist You?

  • Expert Legal Consultation: Benefit from our 15+ years of experience in truck collision cases. We understand the legal intricacies involved and can effectively guide you. We’ve recovered 100 million dollar settlements and verdicts.
  • Thorough Investigation: We examine the specifics of your case, gathering evidence and building a solid claim on your behalf.
  • Negotiation with Insurance Companies: Our team confidently negotiates with insurance companies to ensure you get the fair settlement you deserve, not just a quick, low offer.
  • Legal Representation in the Courtroom: If your case goes to trial, our skilled attorneys will passionately defend your rights before the judge or jury. 
  • Personalized Attention: At Uptown Injury Law, PLLC, every client is important. We provide personalized attention to address your needs and concerns.

We genuinely care about your situation, and to ease your burden, we offer a NO-WIN, NO-FEE policy. This means you owe us nothing unless we win your case. Contact us today to schedule your consultation WITHOUT ANY CHARGES, or give us a call at 917-540-8728.

FAQs

What Is the Average Settlement Amount of an 18-Wheeler?

The average settlement amount in 18-wheelers ranges from hundreds to thousands of dollars and sometimes even more than this. For example, in 2017, a man received a huge settlement of $140 million after an 18-wheeler.
However, the exact figure depends on the severity of your injuries, loss of income, fault and liability regulations, and the complex insurance policies of trucking companies. Therefore, consult a truck accident lawyer to determine the true worth of your claim.

What Happens if You Get Hit by a Truck?

If you get hit by a truck, you’re likely to suffer severe injuries or even wrongful death. These injuries include broken bones, internal injuries, traumatic brain injury, internal bleeding, and more. However, the extent of the injuries can vary based on factors such as the truck’s speed, its weight, and where you get hit by the truck.

What Is the Minimum Truck Accident Settlement?

In most truck accident cases, settlement amounts vary, with some reaching only a few thousand dollars. However, for many truck accident victims who suffer severe injuries, settlements can range from hundreds of thousands to millions of dollars. This is because each case is unique, and there’s no fixed minimum settlement amount due to these differences.

How Do You Deal With a Truck Accident?

After a truck crash, call the police and receive medical care, even if you have minor injuries. Then, gather evidence at the scene and exchange contact details with all witnesses. Furthermore, get your vehicle appraised and report the crash to your insurance company.
Lastly, consult an experienced personal injury lawyer to handle your case. They can help you secure a settlement to cover your damages like medical bills, lost wages, or pain and suffering.

What Is the Average Cost of Commercial Vehicle Accidents?

According to the Federal Motor Carrier Safety Administration, the average cost of a commercial vehicle accident is between $334,892 and $7.2 million. However, this cost largely depends on factors such as the severity of your injuries or damages, the cause of your accident, and the nature of the damages involved, such as long-term disabilities that require ongoing medical care.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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