How Much Is My Truck Accident Case Worth?

In this article, our experienced truck accident attorneys will offer context to the pressing question: “How much is my truck accident case worth?” We’ll also provide helpful advice on how to maximize your settlement offer for personal injury cases involving commercial trucks. 

How much compensation you can receive for a truck accident claim depends on factors like medical bills, property damage, and the liable parties involved. While average settlement amounts can give you a ballpark estimate, only skilled personal injury lawyers can calculate potential damages and push for maximum compensation. 

Why Are Truck Accident Settlements Higher Than Car Accident Settlements?

There are several reasons why truck accident settlements tend to be higher. Firstly, around 22% of truck accidents result in fatalities or catastrophic injuries, such as internal injuries and multiple broken bones. 

While people may walk away from a car crash with only minor injuries, this is rare with a truck accident because of the huge weight and speed involved. Insurance companies will pay more for wrongful death claims and those with high medical costs.

Secondly, the insurance coverage requirements are much higher for trucking companies as opposed to passenger vehicles. In Illinois, passenger cars must have at least $25,000 per person for bodily injury (625 ILCS 5/7-203). 

However, commercial truck drivers are required by federal law to have at least $750,000 in liability insurance (49 CFR 387). Most companies carry more than this, often $1 million or more. Municipal vehicles, like garbage trucks and school buses, may have even higher insurance limits depending on the jurisdiction. 

However, insurance companies will do everything possible to prevent you from receiving a fair settlement amount, making it crucial that you work with a law firm that is familiar with policy limits. We’ll compare payouts in cases like yours to push for the best offer possible.

What Are The Economic and Non-Economic Damages for Truck Accident Cases?

Your final settlement offer will include both economic and non-economic damages. 

Economic damages pay for your hard expenses, like medical expenses, while non-economic damages consider the social and emotional impact of serious injuries. These include:

• Medical bills 
• Future medical expenses
• Out-of-pocket expenses, like mobility aids
• Lost wages
• Future lost income
• Property damage
• Physical pain and suffering
• Emotional distress
• Loss of normal life

While most insurance companies will settle out of court, you may have to take a truck crash case to trial. The court could award punitive damages, meant to punish the truck driver and prevent future crashes. These are treated differently from compensatory damages, as they are usually taxable (735 ILCS 5/2-1115.05). 

If you are awarded these special damages, ensure you discuss them with your personal injury attorney and a financial advisor to ensure that you’re not surprised at tax time. 

What Is the Average Settlement for a Truck Accident Case in Chicago?

The average truck accident settlement amount in Cook County is $2,451,924. However, this average does not guarantee you a multi-million-dollar settlement. The injuries sustained, liability, and available evidence all determine what injured parties can receive. 

What Is The Role of Liability in Determining Case Value?

Like an auto accident, truck accident settlements are negotiable and strongly influenced by liability. After the court case Alvis v. Ribar, Illinois adopted modified comparative negligence, meaning that you can only sue if you were less than 50% responsible for the truck accident (735 ILCS 5/2-1116). 

Whatever damages you receive will be reduced by your percentage of blame. For example, if you were found to be following the truck too closely, you might be considered 20% responsible and receive 20% less. 

Liability is determined by evidence and expert testimony. Information like the truck’s black box, surveillance footage, police reports, and witness statements can be used to identify the liable party and assess the percentage of blame. 

The trucking company will do everything possible to reduce its own liability, making it essential that you work with a skilled attorney who can ensure you are not unfairly blamed. We will rely on accident reconstruction experts, trucking professionals, and doctors to assess the evidence and prove fault. 

What Are Wrongful Death Damages in Truck Accident Cases?

Sadly, truck accidents are often fatal. Some people may succumb to their severe injuries weeks or months later, leaving behind grieving families and large medical debts.

Truck accident settlements can also provide financial support for those whose loved ones passed away from injuries. These can include bills prior to death, funeral expenses, burial expenses, loss of financial support, loss of companionship, and grief.

We understand the devastation that families feel after losing a loved one to a truck crash, which is why we handle the legal process so that you can focus on healing. 

Which Factors Can Reduce My Truck Accident Settlement?

Insurance adjusters want to pay the absolute minimum to injured victims to protect the company’s bottom line. They minimize the severity of your injuries, push you to admit fault, and use everything you say against you. As such, it’s essential that you work with an experienced truck accident attorney to protect you from these attacks.

• Pre-Existing Conditions: Unfortunately, having existing conditions can reduce your chances of fair compensation, as the insurance agency will attempt to use this against you. This is especially common if you have any back or neck injuries.
• Gaps in Medical Treatment: You must follow your care plan after a truck accident, as failing to continue your treatment may reduce your compensation. Keep records of all treatments, insurance bills, and medical records to demonstrate the continuation of care.
• Recorded Statements: Insurance representatives may call you to discuss your settlement or pressure you to accept an initial offer. They may use anything you say against you in an attempt to discredit your story. Do not speak to anyone from the insurance agency without your attorney present.
• Failing to Document Expenses: Keep records of everything that you spend, even if it does not seem immediately relevant. Expenses like parking at the hospital, travel time for appointments, or out-of-pocket medical purchases can all be incorporated into a settlement.
• Accepting the First Offer: The first insurance offer is almost always too low for what your case deserves, as insurance agencies assume you will not be familiar with typical compensation for a case like yours. Never sign anything without your attorney reviewing the contract.
• Posting on Social Media: It’s tempting to share your story online and seek support from those you know. However, this can damage your legal case, as insurers can use posts to imply your injuries are not as serious as you claim. Make your social media pages private and only discuss your case with close family. 

Seek Compensation for Lost Income and Medical Treatment Based on Injury Severity

While the average truck accident settlement is higher than for a car crash, only working with a highly experienced truck accident lawyer can ensure you receive the settlement you deserve. Our personal injury lawyers work on a contingency fee basis: no legal fees unless we win. 

As Million Dollar Advocates, we have negotiated settlements exceeding $450 million and achieved a 98% success rate over the past 25 years.

Get started on your journey to justice by calling us at (888) 424-5757 to schedule your free consultation. You can also use our online contact form to discuss your case. 

Sources: Law.com