Brian White | February 26, 2023 | Truck Accidents
When a semi truck is involved in a crash with a passenger car, there can be serious injuries and property damage due to the sheer size difference between the big rig and the personal vehicle.
The devastating outcome may result in injuries that leave the victim unable to care for themselves independently or require multiple medical procedures to correct.
Commercial Truck Settlements Are Often Higher than Regular Vehicle Collisions
Because of the high incidence of catastrophic injury, commercial truck accidents typically have larger settlements than other traffic collisions. But as with any case, the value of your claim will depend on the circumstances of the crash.
There are five factors that your Houston truck accident attorney takes into account when valuing your case:
- Who has liability and blame for the crash?
- What kind of property damage occurred, was your car totaled, or can it be fixed?
- What are the medical expenses, including surgery, medication, and therapy?
- How much are your lost wages, and did you suffer impaired earning capacity
- The degree of your pain, suffering, and emotional trauma (non-economic losses) is also a consideration.
These five factors will heavily influence the value of your case.
Valuing Your Truck Accident Claim
Liability plays a big role in determining the value of your compensatory damages after a truck accident. Your lawyer will have to prove whether the truck driver caused the wreck.
The stronger the evidence against the truck driver, the more likely their insurance company (and possibly the trucking company’s insurance carrier) will be to agree to the initial demand amount.
Your lawyer sends a demand letter to the insurance company after the wreck, stating the value of your claim and seeking payment. The insurance company may adjust it, and if the issue of liability is murky, they may lower it considerably or even try to take the case to trial because they believe the liability was not all on their client.
Your property damage, including that to your vehicle and anything of value that was damaged in the crash, is included in your settlement. The vehicle’s fair market value will be added to your claim if the car is totaled.
The trucking company’s insurance may pay for the repairs to your car, or your own insurance may pay and then collect reimbursement from the trucking company as part of the settlement.
Valuing Your Medical Expenses in a Car Accident Claim
The total cost of treating your accident injuries is a large part of the claim. This includes the emergency medical bills, immediate treatment after the accident, and any anticipated future medical expenses.
In general, the worse your injuries, the higher your medical bills and, therefore, your claim. Sometimes, you may need quite a bit of future treatment, like one or more surgeries to repair a broken limb. Or you may need physical therapy to regain your abilities as you heal, including walking or getting used to wearing a prosthetic limb.
Some people may need ongoing care for the rest of their lives. For example, someone who suffers a traumatic brain injury (TBI) may need accommodations in a memory care facility. Others may have such severe injuries that they must live in a nursing home as they recover.
Compensation if You Can No Longer Earn a Living After a Truck Accident
Finally, you are also eligible for compensation for lost wages from work, and if your injuries leave you unable to do the job you had before, you will be compensated for the loss of earning potential.
Filing a Claim After a Truck Accident
If you have been struck by a commercial truck, an experienced commercial truck accident lawyer in Houston can help you properly value your claim and get the compensation you deserve.
Contact the Houston Truck Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help
Attorney Brian White Personal Injury Lawyers
3120 Southwest Freeway, Suite 350
Houston, TX 77098
Attorney Brian White Personal Injury Lawyers – East Fwy
11811 East Fwy, Suite 630-06
Houston, TX 77029
Attorney Brian White Personal Injury Lawyers – South Loop
2600 S Loop W, Suite 293
Houston, TX 77054