After the shock and trauma of a collision with an 18-wheeler, one of the most pressing questions you might have is about financial recovery. The physical, emotional, and financial burdens can be overwhelming. While there is no simple calculator for truck accident settlements, understanding the factors that determine compensation can give you a clearer picture of what to expect. This guide breaks down how settlement amounts are determined for 18-wheeler accidents in Tyler, TX.
It’s important to remember that every case is unique. The final compensation amount depends entirely on the specific details of your accident and the damages you have suffered.
Key Factors That Influence Your Settlement Amount
An accident settlement is not a random number. It is a carefully calculated sum based on the tangible and intangible losses you have experienced. In Texas, these losses are referred to as “damages.” They are generally divided into two main categories: economic and non-economic damages.
Economic Damages: The Tangible Costs
Economic damages are the straightforward, calculable financial losses resulting from the accident. To build a strong claim, you must keep detailed records of all expenses.
Medical Expenses
This is often the largest component of a settlement. It covers all past, present, and future medical care related to your injuries. This includes:
- Emergency room visits and ambulance fees
- Hospital stays and surgeries
- Appointments with specialists
- Physical therapy and rehabilitation
- Prescription medications
- Medical devices like crutches or wheelchairs
- In-home care or long-term care facility costs
Future medical needs are a critical part of this calculation. If your injuries require ongoing treatment for years to come, an expert will be needed to project these costs accurately.
Lost Wages and Earning Capacity
If your injuries prevent you from working, you can be compensated for the income you have lost. This is calculated from the time of the accident until you can return to your job.
Furthermore, if the accident leaves you with a long-term or permanent disability that prevents you from returning to your previous job or earning the same income, you can claim loss of future earning capacity. This calculation considers your age, profession, skills, and life expectancy to determine the total income you will lose over your lifetime.
Property Damage
This part of your claim covers the cost of repairing or replacing your vehicle and any personal property that was damaged in the crash. If your car is declared a total loss, you are typically entitled to its fair market value at the time of the accident.
Non-Economic Damages: The Intangible Losses
Non-economic damages are more subjective but are just as real as financial losses. They compensate you for the physical and emotional toll of the accident. Because these damages are not tied to a specific bill, they can be more challenging to calculate.
Common types of non-economic damages include:
- Pain and Suffering: Compensation for the physical pain and discomfort from your injuries.
- Mental Anguish: This covers emotional distress like anxiety, depression, fear, and post-traumatic stress disorder (PTSD).
- Disfigurement: Compensation for scarring, amputations, or other permanent changes to your appearance.
- Physical Impairment: This applies if you have lost the use of a limb or a part of your body.
- Loss of Consortium: Your spouse may be able to claim damages for the loss of companionship and intimacy.
In Texas, there is no cap on non-economic damages in truck accident cases, making them a significant part of many settlements.
The Role of Liability and Insurance
Before any compensation is paid, you must prove that the other party was at fault. Texas follows a “modified comparative fault” rule. This means you can recover damages as long as you are not found to be 51% or more at fault for the accident. However, your settlement will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 10% at fault, you would receive $90,000.
Because 18-wheelers are commercial vehicles, multiple parties could be held liable, including:
- The truck driver
- The trucking company
- The truck’s manufacturer
- The company that loaded the cargo
Commercial trucks are required to carry much higher insurance policy limits than passenger cars. While this means there is often more money available to cover significant damages, it also means the insurance companies will fight harder to deny claims or pay as little as possible. They have teams of lawyers dedicated to protecting their bottom line.
Why Legal Representation is Crucial
Navigating an 18-wheeler accident claim in Tyler is not something you should do alone. The complexities of trucking regulations, dealing with aggressive insurance adjusters, and accurately calculating your total damages require professional expertise.
An experienced truck accident attorney will:
- Investigate the Crash: Gather evidence like the police report, driver logs, truck maintenance records, and witness statements.
- Identify All Liable Parties: Determine everyone who shares fault for the accident to maximize your potential for recovery.
- Calculate Your Full Damages: Work with medical and financial experts to ensure all your past and future losses are accounted for.
- Negotiate with Insurance Companies: Handle all communications and negotiations on your behalf, fighting for a fair settlement.
- Represent You in Court: If a fair settlement cannot be reached, your attorney will be prepared to take your case to trial.
Victims who have legal representation consistently receive higher settlement offers than those who do not. An attorney levels the playing field against powerful trucking and insurance companies.
Taking the Next Step in Tyler, TX
If you or a loved one has been involved in an 18-wheeler accident, the most important step you can take is to seek legal advice. By speaking with a qualified attorney, you can get a clear assessment of your case and understand your options. While no one can give you an exact settlement figure upfront, a lawyer can provide a realistic estimate based on the specific facts of your situation and guide you toward the full and fair compensation you deserve.
