Trucking accidents are much more dangerous than most other types of car accidents. Semi-trucks and tractor-trailers weigh much more than passenger vehicles and cause catastrophic injuries and substantial property damage, even death. As a result, fair compensation for a truck accident could come out to tens of millions of dollars.
As truck-accident lawyers, Rosenfeld Injury Lawyers have helped our clients seek compensation in truck-accident cases in Illinois. Read on to learn more about the average settlements for most truck accident cases, what factors influence settlement amounts, and how to file a claim to recover compensation after a truck accident.
What Is the Average Truck Accident Settlement?
The mean settlement payment from a truck accident is $427,336. Settlements worth less than $1 million are more common than verdicts worth more than that; therefore, $1 million is often the minimum liability insurance coverage threshold for motor carriers.
The average commercial-truck settlement in the state of Illinois is $446,012 [1]. However, to date, our firm’s average settlement for a truck accident is $12.78 million. We have successfully recovered up to $18.5 million in compensation in a single settlement.
Average Truck Accident Settlements Based on the Type of Injury
There is no standardized settlement amount for truck accidents. The amount of compensation recoverable varies on a case-by-case basis. One factor that can change the size of a settlement is the type of injury, as some injuries tend to settle for higher amounts than others.
Foot Injury
The average semi-truck accident settlement for a foot injury is $559,803. Having an injured foot impairs your mobility, your ability to drive, and—possibly—your ability to work.
Leg Injury
The average payout for a leg injury is $520,204. Similar to a foot injury, a leg injury makes it difficult to get around and may require the use of a wheelchair, physical therapy, and someone to take care of you and drive you to doctor’s appointments.
Organ Injury
When it comes to organ damage or injuries, the average is around $519,462. As far as serious injuries go, victims may require an organ transplant to survive. In severe cases, damage to an organ could be fatal or permanent.
Settlements should include future costs to the injured party, such as anti-rejection medications and ongoing medical expenses. Some organ-injury cases, such as those with traumatic brain injuries, could be worth more.
Broken Bones
Settlements with broken bones average around $518,143. This is higher than the average settlement amount.
Facial Injuries
Truck accidents that result in facial injuries settled for an average of $476,563. However, your truck accident lawyer could advocate for more if your facial injuries left you disfigured or hurt your earning ability.
Hand Injury
Truck accidents that cause injuries to a person’s hands settle for an average of $446,206. Injuring your hand can reduce your ability to work and can exacerbate preexisting conditions, such as carpal tunnel and arthritis.
Back Injury
Settlements for truck accidents average around $368,237 for most back injuries, with an average of $417,950 for spinal cord injuries.
Wrongful Death
In general, fatal accidents are awarded higher settlement amounts than cases with only non-fatal injuries, whether settled out of court or decided by a jury. The average truck-accident wrongful-death settlement is around $607,532.
Preexisting Injuries
Truck accidents can make preexisting conditions such as arthritis and herniated discs worse. The average truck accident settlement size in cases that caused a preexisting injury to become worse is $561,432.
Which Factors Affect Trucking-Accident Settlement Amounts?
There are several factors that heavily influence the size of truck-accident settlements. The involvement of an insurance company from the trucking company can have a positive influence on settlement size, as we can try to recover up to the insurance-policy limits on the applicable insurance policies.
The insurance policies for commercial vehicles tend to offer much higher coverage amounts than for other types of personally owned vehicles.
The federal and state regulations that govern the location of the accident can play a role in the money available for trucking accident claims. For instance, the modified comparative negligence rule in Illinois means that you can file for damages only if the at-fault party holds less than 50% of the fault.
This means that in cases where multiple parties share the blame, you might only be able to see economic damages, not non-economic damages such as pain and suffering.
How much negligence the trucking company and the driver displayed is also a significant factor in the settlement size.
For instance, if commercial trucks carrying hazardous cargo had incorrectly secured loads and sped through stop lights, the commercial truck driver’s behavior would be considered reckless. The judge may review the driver’s employment records, notice a pattern of reckless driving, and assess punitive damages in your case.
What Kind of Damages Are Compensated in Truck Accident Settlements
The types of damages available in a truck accident settlement depend on a number of factors, including the severe injuries sustained, the trucking companies involved, and who is filing the civil lawsuit. Generally, damages are either economic, relating to tangible losses, or non-economic. Some kinds of damages frequently included in truck accident settlements are as follows:
- Medical bills
- Future expensesÂ
- Lost wages
- Property damage
- Disfigurement
- Disability
- Pain and suffering
- Emotional trauma
- Funeral expenses
- Loss of companionship
- Lost income potential
How to Maximize a Trucking Accident Lawsuit Settlement
Hiring a Chicago truck accident lawyer from our team could be one of the most decisive factors in maximizing your semi-truck accident settlement for severe injuries. We know how much other settlements for semi-truck accidents paid out and can advocate for you to receive the highest amount of compensation for medical bills, future expenses, and lost wages.
If you suffer from permanent injuries and your medical records show how you cannot continue to work in the same type of position as you did previously, we can request compensation for diminished earning capacity.
Who Can Pursue a Trucking Accident Personal Injury Claim?
The parties involved in a tractor-trailer or semi-truck accident vary based on the circumstances of what happened, federal regulations, state laws, the other vehicles involved, and the liable parties. Some of the possible plaintiffs in accidents involving large trucks include the following:
- Victims – Victims who have been injured in truck accidents can file a claim against the at-fault parties.Â
- Family members – If your loved one has been seriously injured or killed by a semi-truck, you can file a lawsuit for them.
- Truck drivers – If a truck driver is involved in an accident with other commercial trucks or is injured as a result of company policies that put them at risk, they can file a lawsuit.
- Businesses – If a vehicle or property owned by a business is damaged by semi-trucks, the business can pursue a claim.
Contact Our Skilled Truck Accident Attorneys Today!
Rosenfeld Injury Lawyers works on a contingency fee basis, which means that you will not pay anything up-front until we help you reach a fair settlement in your personal injury lawsuit. Our law firm has helped others recover up to $18.5 million in accident settlements – let us do the same for you.
Contact a truck accident lawyer from our team by filling out our contact form or calling us toll-free at (888) 424-5757. We are available 24/7 to answer your call.Â
Resources: [1] ATRI