Accidents are a part of life. No matter how many precautions you take, accidents can occur due to the negligence of someone else. When you drive on the highways, you will find out that it is inevitable to avoid trucks.
If your vehicle crashes with an 18 wheeler truck, it can lead to devastating accidents, which causes serious damages to your vehicle and severe injuries to you and the passengers.
The average settlement of 18 wheeler accidents is much higher than other vehicle accidents because of the huge damage it causes. The money you can get ranges from thousands of dollars to millions of dollars, depending upon the damage and injuries caused by the accident.
How Much Money Can You Get From An 18 Wheeler Accident?
If you are a victim of an 18 Wheeler collision, then the number of damages you can recover is determined the same way as any other personal injury case. The fact that a large truck was involved in the accident does not mean that your claim value will increase.
The amount you can recover and claim for will depend upon the laws of fault and negligence in the state, factors that caused the accident, damages sustained in accidents, and the nature and severity of your injuries.
Who Was At Fault?
The laws applied in Texas include a comparative fault rule when assessing and deciding who was at fault and how much at fault. If it is determined that you were fifty-one percent or more at fault in causing the accident, then you will not be able to get compensated for any damages from the other party.
But if it’s determined that you are fifty percent or less at fault for causing the accident, then you will be able to recover for the damages. The percentage that you were at fault will be deducted from the amount of compensation.
Types of Damages and Their Calculation
If you are found eligible for compensation, then you will be able to recover damages that include:
Injuries
The types of your injury and the severity of the injury will determine the amount of money you get for this type of damage. This is determined through the opinions of doctors and other medical professionals.
If the parties disagree about the nature and severity of the injuries, it is important to turn to independent medical examinations. During this process, a doctor will evaluate your medical records, perform a physical exam and lab tests.
According to this information, the doctor will give their opinion about the diagnosis, cause, and extent of temporary or permanent disability for the injuries sustained.
The drivers and passengers involved in an accident with an 18 wheeler truck sustain neck and back injuries. Degenerative conditions can also cause back and neck issues due to aging; this is why the insurance lawyers will argue that these injuries were not caused by accident. Instead, they were already present before the accident.
The defense lawyers may also claim that you are lying about the extent of your injuries, and this is why your claim is not worth the value you are demanding. Another way insurance lawyers may try to make their way out of compensating you is by stating that the injuries occurred after the accident’s date, so they were not caused by accident.
This is why a complete checkup immediately by a medical professional after the accident is crucial even if you feel fine. You can overcome their claims and prove your case through evidence provided by your medical checkups and tests as well as the opinions of the medical professional, who will tell you the exact cause, severity, and nature of your injuries.
Medical Expenses
Medical expenses include the bills for hospitalization, lab tests, and medicines to treat your injuries. For this damage also, you will need to keep a record of all the expenses and treatments for evidence.
Insurance lawyers will try to argue about medical expenses that they think were not needed. So you need testimonies of medical professionals.
Lost Wages
Suppose the injuries sustained in an accident caused you to spend extended time in hospital or home for recovery, and you miss out on going to work. In that case, you will be eligible for compensation for your lost wages.
So you can recover the amount that you would have got if the injury did not occur. Your lawyer will include evidence of your recent wages, monthly income, and the number of days you were absent from your work so that compensation can be calculated.
Loss Of Earning Capacity
In the same way, if the injuries sustained in an accident caused permanent disability or there are restrictions from your doctor that affect your daily activities and work, which causes you to leave your job, you will be able to get compensated for lost earning potential.
To calculate this type of damage, your skills, education, previous jobs, evaluations by your bosses, and performance records will be used.
Pain and Suffering
There are limitations on what you can recover from pain and suffering, which is non-economic damage. In the state of Texas, you can get around 250,000 dollars for these non-economic damages.
Pain and suffering may be caused by the trauma, medical treatments, inability to perform daily activities and tasks, lower quality of life, chronic physical pain.
Loss of Companionship
If you are a loved one of someone who suffered life-changing injuries or death in an 18 wheeler truck accident, then you can claim for loss of companionship and recover damages.
However, you must hire a Houston Truck Accident Lawyer to protect your rights in this overwhelming and confusing situation.
Finally!
Accidents are devastating, especially an accident involving an 18 wheeler truck. Due to their huge scale, the injuries and damages sustained in these accidents are most severe and fatal.
So if you or your loved one has been in an accident with an 18 wheeler truck, then you must consult with a truck accident lawyer in your state to evaluate the damages caused by the accident. They will help you understand the damages incurred and how you can recover the amount for these damages.
In addition, the 18 wheeler accident lawyer will help you file for a claim to get the maximum compensation that you deserve.
