If you’re in this situation, it’s important to know something about how settlements work in truck accident cases. That includes understanding why you probably need help from a lawyer to negotiate a good settlement, and the factors that determine how much money will fairly compensate you for the harms you’ve suffered.
When you’re seeking compensation for a vehicle accident, the term “settlement” can have different meanings:
This article focuses on personal injury lawsuit settlements. But many of the same principles also apply to insurance settlements. For example, in both situations it’s important to know what your claim is worth and to gather the evidence to prove it.
It’s also crucial to understand that you may need to start working with a lawyer even before you’re seriously considering filing a lawsuit. If you try to handle a complicated or high-stakes insurance claim yourself, you may hurt your chances of getting the compensation you think is fair.
We’ll talk more below about why having a lawyer is so important if you sue a trucking company and are hoping to receive compensation by settling the lawsuit. The same logic often applies to the process of negotiating appropriate compensation with a trucking company’s insurer.
For a variety of reasons, most vehicle accident cases end with settlements. So, while you should be prepared for the possibility that your case could go all the way to a trial and a jury verdict, keep in mind that this isn’t the likeliest outcome.
A key reason to work with a lawyer to put together a strong lawsuit is that it puts you in the best position to negotiate a settlement. The parties can agree to settle a case at any point in the vehicle accident lawsuit process—even while the jury is deliberating or while the case is being appealed.
There’s no one-size fits-all formula for determining fair compensation for a truck accident. But you can put yourself in the best position to negotiate a settlement by collecting evidence of how the accident happened and how you’ve been harmed by it. There are also some best practices for dealing with an accident that are especially important when you’re seeking compensation from a company, as opposed to an individual driver.
“Damages” is the legal term for the losses you suffer in an accident. This includes:
Right after an accident, your most important priorities are ensuring that you and everyone else involved are safe and receive necessary medical care. But there are other things you should do as soon as possible that will be become important as you attempt to negotiate a settlement.
If you’re able to do so, you should create a record of what happened by, for example:
In addition to gathering evidence right after the accident, you should also keep careful records of the costs associated with the accident, like medical bills and money spent repairing your vehicle. Any company negotiating a settlement will require this kind of documentation of your damages.
There are also things you should avoid doing after an accident with a commercial truck. For example:
These are important things to keep in mind after any serious vehicle accident. But they can be particularly important if you’re seeking compensation from a trucking company. These companies generally have the incentive, the resources, and the experience to take advantage of mistakes people make in the aftermath of an accident.
If a truck accident claim leads to a lawsuit, it’s usually because there are significant disputes over questions like who’s responsible for the accident, or the amount of compensation that should be paid to the plaintiff.
Resolving issues like this can be time-consuming and complicated. So it almost certainly makes sense to work with a lawyer if you file a truck accident lawsuit. For the same reasons, a lawyer can help make sure you get a fair settlement.
As you can see from our discussion above, proving your damages in a truck accident lawsuit can require a lot of work to gather and organize evidence, as well as legal arguments over which of your expenses are actually the defendant’s responsibility. A lawyer will have the resources and expertise to handle this part of your case.
A defendant that thinks they might lose a trial is more likely to settle a case on terms favorable to the plaintiff. So, establishing the defendant’s liability is a key part of settling a truck accident lawsuit. An experienced truck-accident attorney should be able to handle issues like:
You should expect the defendants in your truck accident case to have significant financial resources and good lawyers. They will do their best to deny responsibility for the accident and to minimize the extent of your injuries and property damage. In addition, they will have extensive experience negotiating settlements, and won’t be uncomfortable with difficult (even heated) conversations.
For these reasons, it will almost always make sense to leave settlement negotiations to your own lawyer. A lawyer who specializes in these kinds of cases will have the same expertise as the defendants’ attorneys, and will know how to approach tough negotiations.
Your attorney can also make sure you understand your options, and help you decide on the right legal strategy. For example, knowing how your state handles liability when multiple people (or companies) are at fault may influence decisions about who to add to your lawsuit.
Whether you’re trying to negotiate a settlement, or are in another phase of your truck accident claim, you can learn more about what to do after a vehicle accident.
If you want to know more about your settlement options, or have other questions about your situation, you should find an attorney you’re comfortable with, and who has the right experience to help.
]]>According to the National Highway Traffic Safety Administration, 5,788 people were killed and an estimated 154,993 others were injured in crashes involving large trucks in 2021. Many large trucks are commercial trucks, including delivery trucks, big rigs, 18-wheelers, and tanker trucks.
If you’ve been injured in an accident involving a commercial truck, you need to know:
Accidents involving commercial trucks are much more complicated than a typical car accident claim. In a typical two-car accident case, you might be able to sue the at-fault driver and file a claim with an insurance company.
In a commercial truck accident, you’ll probably be able to file claims against more people and companies, including the:
Not all commercial truck accidents involve all of these entities. For example, some truck drivers are independent contractors who own their own big rigs. (See below for more on employers and independent contractors.)
Commercial truck accidents happen for all kinds of reasons. Some accidents are caused by equipment failures, some are caused by faulty road designs or weather conditions, and some accidents are caused by driver errors. For example, a truck driver might speed to get to the next truck stop, make an unsafe lane change, or rear-end a car stopped in traffic. Drivers who are tired or under the influence of drugs or alcohol are more likely to make mistakes and cause accidents.
If the trucker who hit you was negligent (careless), you can bring an injury-related insurance claim or lawsuit against the driver after the accident. You’ll also want to look into other potentially liable parties, like the truck driver’s employer.
After any vehicle accident, a person who's suffered an injury or damage to their car can send a demand letter asking for compensation. What you (or your attorney) say in the letter will depend on the details of your accident, but there are some demand-letter basics you should make sure to keep in mind. You can check out a sample demand letter for an accident in which the victim suffered serious injuries.
A truck driver’s employer can be responsible for an accident caused by a truck driver under a legal theory called respondeat superior, meaning "let the master answer." Under this theory, an employer can be liable for an employee’s actions if the employee was working at the time of the accident for the employer’s benefit. But trucking companies often try to avoid liability by arguing that the driver is an independent contractor and not an employee or that the driver wasn’t working at the time of the accident.
Let’s take a closer look at these arguments
Laws vary from state to state, but in order to show that a driver is an employee of the trucking company and not an owner-operator of a rig, you’ll need to focus on how much control the company has over the trucker’s schedule and ability to enter into contracts with other trucking companies. You’ll also want to look at how the trucking company pays the driver and who’s responsible for paying for the truck’s registration, permit, and insurance.
Courts and insurance companies will ask these questions and more to decide how much liability to assign to the driver and the trucking company.
For example, if a truck driver uses his own truck, buys his own gas, pays for his own liability insurance coverage, assumes the cost of repairs, gets paid on a "per route" basis, and receives no benefits from the trucking company, the driver is probably an independent contractor. But if the trucking company leases the truck from the driver, obtains the necessary permits, and controls the driver’s routes, the company will probably be responsible for accidents involving the truck.
For a trucking company to be liable, the truck driver has to be an employee who was working at the time of an accident for the employer’s benefit (or “acting within the scope of employment”). Courts tend to look at:
For example, if a truck driver rear-ends you while making a delivery, the driver’s employer will probably be liable for your accident-related losses because the truck driver was acting “within the scope of employment” at the time of the accident. But let's say a truck driver leaves work early to go to a basketball game and hits you outside of the stadium. Here, the driver’s employer will argue that the company isn’t liable for the driver's negligence because the driver wasn’t acting “within the scope of employment” at the time of the accident.
So-called “autonomous vehicles” are becoming more common. If you're in an accident with a self-driving truck, you'll need to understand how that affects your legal options. If the vehicle's self-driving computer system caused (or contributed to) the accident, then you may be able to pursue a product liability case. For example, a company could be liable if it contributed to an accident by writing faulty software, or by failing to properly manufacture or install the system's hardware.
In many ways, though, autonomous vehicle crashes involve the same legal rules as any other truck accident:
When you (the “plaintiff”) file a personal injury lawsuit against more than one person or entity (the “defendants”), the defendants might be equally responsible for your losses (damages), or they might only be responsible for the portion of your damages they caused.
For example, a tired driver might share partial responsibility for an accident, along with the manufacturer of faulty tires. You can sue the driver (or the driver’s employer), as well as the tire manufacturer. The defendants will have to sort out their share of fault to reach a settlement or let the jury decide at trial.
Generally, employers aren’t liable for intentional torts (like assaults) committed by employees. Employees are typically not acting “within the scope of employment” when they punch customers in the face, for example, or steal credit card information.
So, if a truck driver slams into you because you are sleeping with the truck driver’s spouse, the trucking company probably isn’t liable for the truck driver’s actions.
Truck drivers, owners, and manufacturers must comply with state and federal regulations. Regulators control how much weight a rig can haul, how long a driver can go without rest, and many other aspects of the trucking industry.
When a commercial truck is involved in an accident, there is a good chance that a state, federal, or local law was violated. Proving a violation of law greatly increases an injured person’s chances of winning an insurance settlement or in court.
State and federal regulations typically require truck drivers and owners to have more insurance than non-commercial drivers. Defendants who have higher insurance policy limits have deeper pockets are more likely to be able to compensate you for the full value of your claim.
Commercial truck accidents are more complicated than the average car accident case. You might be able to handle your case yourself, but you could end up short-changing yourself if you do. A good personal injury attorney can help you decide if a lawsuit makes sense. They should also be able to assist you with everything from making an insurance claim, to negotiating a settlement, to making your best case in court.
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