When involved in a commercial vehicle accident, victims often face unique challenges. Not only are they dealing with physical injuries and emotional stress, but they are also navigating the complex legal landscape of Texas personal injury law. A common question after such accidents is, “What can I expect as a settlement for my case?” While every case is different, there are certain factors that influence the value of a commercial vehicle accident settlement. In this comprehensive blog, we’ll explore the average settlement amounts, factors affecting the outcome, and the steps to take after an accident.
What Is a Commercial Vehicle Accident?
A commercial vehicle accident involves any crash where at least one of the vehicles is used for business purposes. This can include:
- Delivery trucks
- 18-wheelers or semi-trucks
- Company cars or vans
- Buses
- Construction vehicles
In Texas, these types of accidents can be more complicated than standard car crashes because they often involve larger vehicles and more severe injuries. Additionally, victims may be dealing with large corporations and insurance companies, making it essential to understand the settlement process.
Factors That Influence the Settlement Amount
The settlement amount in a commercial vehicle accident case depends on several factors. Each case is unique, but there are some common factors that can affect the value of the settlement.
1. Severity of Injuries
One of the most significant factors influencing a settlement is the extent of the injuries. Severe injuries, such as traumatic brain injuries, spinal cord injuries, or multiple fractures, generally lead to higher settlements. This is because victims with severe injuries often require extensive medical treatment, long-term care, and rehabilitation.
2. Medical Expenses
Medical bills play a crucial role in determining the settlement amount. Commercial vehicle accidents often lead to costly hospital stays, surgeries, and ongoing therapy. In Texas, the settlement will typically cover both past and future medical expenses, including:
- Emergency room visits
- Surgeries
- Prescription medications
- Physical therapy
- Home healthcare
It’s essential to have thorough documentation of all medical expenses to ensure they are accounted for in the final settlement.
3. Lost Wages and Future Earnings
Many commercial vehicle accident victims are unable to work for an extended period while recovering from their injuries. Some may be permanently disabled and unable to return to their previous job. The settlement should cover lost wages during recovery and any future earnings the victim might lose if they cannot return to work or need to take on a lower-paying job due to their injuries.
4. Property Damage
If your vehicle or personal property was damaged in the accident, the settlement should include compensation for repairs or the fair market value of the property. In cases involving commercial vehicles, property damage can be significant, especially when large trucks are involved in the crash.
5. Pain and Suffering
Texas law allows victims to seek compensation for non-economic damages, such as pain and suffering. This refers to the physical pain and emotional distress experienced as a result of the accident. While these damages are harder to quantify, they are still an important part of the settlement calculation.
6. Liability and Fault
Determining who is at fault in a commercial vehicle accident is crucial. Texas follows a modified comparative negligence rule, meaning if the victim is partially at fault, their settlement amount may be reduced. For example, if the victim is found to be 20% at fault, their total compensation would be reduced by 20%. Proving the liability of the commercial driver or their employer is essential to securing a favorable settlement.
7. Insurance Policy Limits
The insurance policy held by the commercial vehicle company can also influence the settlement. In many cases, commercial vehicles are covered by large insurance policies with higher limits than standard car insurance. However, if the damages exceed the policy limits, pursuing additional compensation may involve going after the assets of the company or driver responsible for the accident.
Average Settlement Amounts for Commercial Vehicle Accidents
While it’s difficult to pinpoint an exact average settlement amount for commercial vehicle accidents, cases often result in higher payouts than standard car accident cases due to the severity of the injuries and the involvement of large corporations. Settlements can range from $100,000 to several million dollars depending on the circumstances of the case.
Smaller Commercial Vehicle Accidents
In cases where injuries are minor and the damage is limited to property, settlements may fall on the lower end of the spectrum, around $30,000 to $100,000. This is typical for fender-benders or accidents involving delivery vans where medical expenses and lost wages are minimal.
Severe Injury Cases
For accidents resulting in catastrophic injuries such as spinal cord damage, traumatic brain injury, or amputation, settlements are often much higher. In these cases, it’s not uncommon to see settlements ranging from $500,000 to several million dollars, depending on the long-term impact on the victim’s life.
Wrongful Death Settlements
If a commercial vehicle accident results in a fatality, the victim’s family may file a wrongful death claim. Wrongful death settlements tend to be among the highest, as they cover not only medical expenses and lost wages but also loss of companionship, emotional suffering, and funeral expenses. Wrongful death settlements often exceed $1 million.
Steps to Take After a Commercial Vehicle Accident
If you’ve been involved in a commercial vehicle accident, taking the right steps immediately can significantly impact the outcome of your case.
1. Seek Medical Attention
Your health and safety should be the top priority. Even if you feel fine after the accident, it’s essential to seek medical attention. Some injuries may not show symptoms immediately, and having a medical record is crucial for your case.
2. Gather Evidence
Collect as much evidence as possible at the scene of the accident. This includes:
- Photos of the accident scene, vehicles, and any visible injuries
- Contact information for witnesses
- Police report number and officer’s name
3. Do Not Talk to Insurance Adjusters Without Legal Counsel
The insurance company representing the commercial vehicle or driver will likely contact you after the accident. It’s crucial not to give any recorded statements or accept any settlement offers without consulting an attorney first. Insurance adjusters often aim to settle for the lowest amount possible, which may not cover all your damages.
4. Hire an Experienced Texas Personal Injury Lawyer
Commercial vehicle accident cases can be complex due to the involvement of large companies and their legal teams. Hiring an experienced Texas personal injury attorney ensures that your rights are protected and that you receive fair compensation for your injuries.
How Ryan Orsatti Law Can Help
At Ryan Orsatti Law, we understand the complexities of commercial vehicle accidents and are dedicated to helping victims in San Antonio and throughout Texas. Our team has the experience necessary to handle these challenging cases and fight for the compensation you deserve. We work closely with medical professionals, accident reconstruction experts, and other specialists to build a strong case on your behalf.
Conclusion
The settlement amount for a commercial vehicle accident varies based on the severity of injuries, liability, and other factors. While some cases may settle for a few thousand dollars, others can reach millions, particularly in cases involving severe injuries or fatalities. If you or a loved one has been involved in a commercial vehicle accident in Texas, it’s essential to consult with an experienced attorney to ensure you receive the compensation you deserve. At Ryan Orsatti Law, we are committed to advocating for accident victims and securing fair settlements.
