Accidents involving 18-wheelers, also known as semi-trucks or big rigs, are particularly devastating due to the massive size and weight of these vehicles. If you’ve been hit by an 18-wheeler in Texas, you may be wondering how much compensation you could receive for your injuries, damages, and losses. The answer is not straightforward, as it depends on multiple factors, including the specifics of your case and the insurance policies involved.
In this blog, we will explore the various aspects that influence compensation for victims of 18-wheeler accidents in Texas. We’ll also provide insights into the legal process, potential compensation types, and the factors that could affect your payout.
Table of Contents
- What Determines Compensation in an 18-Wheeler Accident?
- Types of Compensation You May Be Entitled To
- Common Injuries from 18-Wheeler Accidents
- Texas Trucking Laws and Liability
- The Role of Insurance in 18-Wheeler Accidents
- Factors That Could Affect Your Compensation
- How a Personal Injury Attorney Can Help
- Final Thoughts
What Determines Compensation in an 18-Wheeler Accident?
The compensation you could receive if hit by an 18-wheeler in Texas is determined by several key factors. Some of these include:
- Severity of Injuries: The more severe your injuries, the higher the potential payout. Serious injuries like traumatic brain injuries (TBI), spinal cord damage, and amputations tend to result in more compensation due to long-term medical needs.
- Economic and Non-Economic Damages: Your compensation will be influenced by both quantifiable costs (medical bills, lost wages) and non-quantifiable damages (pain and suffering).
- Liability: Determining who is at fault plays a huge role in how much compensation you’ll receive. Texas follows a modified comparative negligence rule, meaning your compensation may be reduced if you are partially at fault.
- Trucking Company Violations: If the trucking company violated state or federal regulations, such as the Federal Motor Carrier Safety Regulations (FMCSRs), this could increase the amount of compensation you’re entitled to.
- Insurance Coverage: Both the truck driver and the trucking company will likely have substantial insurance policies, which will play a role in your compensation.
Types of Compensation You May Be Entitled To
Victims of 18-wheeler accidents in Texas may be entitled to various types of compensation, including:
Economic Damages
- Medical Expenses: This includes the cost of emergency care, hospitalization, surgeries, ongoing medical treatment, rehabilitation, and any future medical needs. Victims often require long-term care for severe injuries.
- Lost Wages: If you’re unable to work due to the accident, you may be compensated for the income lost during your recovery period. This also includes future lost earning capacity if your injuries prevent you from returning to work.
- Property Damage: You can recover compensation for any damage to your vehicle and other personal property that was involved in the accident.
- Funeral Costs: In the unfortunate event of a wrongful death, family members may recover funeral and burial costs.
Non-Economic Damages
- Pain and Suffering: This compensates victims for physical pain and emotional suffering caused by the accident. The more severe your injuries, the more compensation you’re likely to receive for pain and suffering.
- Loss of Consortium: If your injuries affect your relationship with your spouse or family, you may be entitled to additional compensation for loss of companionship and support.
- Emotional Distress: Accidents involving 18-wheelers often lead to psychological trauma, such as PTSD, which can result in compensation for emotional suffering.
Common Injuries from 18-Wheeler Accidents
Because of the sheer size and weight of 18-wheelers, accidents involving these vehicles tend to cause severe injuries, including:
- Traumatic Brain Injuries (TBI): TBIs can lead to lifelong cognitive and physical impairments.
- Spinal Cord Injuries: These injuries can result in paralysis, requiring long-term care and rehabilitation.
- Broken Bones: Due to the force of impact, broken bones and fractures are common in truck accidents.
- Burns: If the accident leads to a fire, severe burns can result in scarring and disfigurement.
- Amputation: In the most severe cases, victims may suffer the loss of limbs.
Each of these injuries significantly impacts the amount of compensation you could receive, particularly in terms of medical expenses and long-term care needs.
Texas Trucking Laws and Liability
Texas has specific laws regarding commercial trucking, and violations of these laws can influence liability in an accident involving an 18-wheeler. These laws include:
- Driver Qualifications: Truck drivers must meet specific qualifications and hold a Commercial Driver’s License (CDL). Violations in licensing can increase liability.
- Hours of Service Regulations: Truck drivers are limited in how many hours they can drive consecutively to prevent fatigue. If a driver violated these hours, they and their employer could be held liable.
- Truck Maintenance: Trucking companies are responsible for maintaining their fleet. If poor maintenance or mechanical failure caused the accident, the company could be found negligent.
- Cargo Loading Violations: Improperly loaded cargo can shift during transit, leading to accidents. This could result in liability for the company responsible for loading the truck.
The Role of Insurance in 18-Wheeler Accidents
One of the significant factors in determining how much compensation you’ll receive after an 18-wheeler accident is the insurance policies involved. Trucking companies and their drivers are required to carry significantly higher insurance limits than regular drivers, often between $750,000 to $5 million or more.
This means there may be more money available to cover your damages, but it also means that the insurance company may fight harder to minimize your payout. It’s crucial to have legal representation to ensure you receive the compensation you’re entitled to.
Factors That Could Affect Your Compensation
Several factors could affect how much compensation you receive after being hit by an 18-wheeler in Texas:
- Fault and Comparative Negligence: Texas follows a modified comparative fault rule. If you are found to be partially at fault, your compensation will be reduced by the percentage of your fault. If you are found to be more than 50% at fault, you won’t be able to recover any compensation.
- Evidence: The strength of the evidence in your case can make a significant difference in the outcome. This includes accident reports, witness testimony, medical records, and expert testimony.
- Legal Representation: Hiring a personal injury attorney experienced in handling 18-wheeler accident cases can greatly affect the amount of compensation you receive. A skilled attorney will know how to negotiate with insurance companies and build a strong case.
- Statute of Limitations: In Texas, you have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may be barred from recovering compensation.
How a Personal Injury Attorney Can Help
Navigating the aftermath of an 18-wheeler accident can be overwhelming, particularly when you’re dealing with serious injuries. Hiring a personal injury attorney is crucial for several reasons:
- Investigation: An attorney can conduct a thorough investigation into the accident, gathering evidence such as black box data from the truck, traffic camera footage, and driver logs.
- Negotiation: Insurance companies often try to settle for less than the claim is worth. An experienced attorney can negotiate on your behalf to ensure you receive fair compensation.
- Legal Expertise: A lawyer familiar with Texas personal injury law and federal trucking regulations can navigate the complexities of your case, ensuring that all applicable laws and regulations are considered.
- Maximizing Compensation: An attorney will work to identify all potential sources of compensation, including the trucking company, driver, and any third-party contractors.
Final Thoughts
If you’ve been hit by an 18-wheeler in Texas, the amount of compensation you can receive depends on numerous factors, including the severity of your injuries, the insurance policies involved, and the level of fault. By working with an experienced personal injury attorney, you can maximize your chances of receiving the compensation you deserve.
At Ryan Orsatti Law, we specialize in personal injury cases involving 18-wheeler accidents in Texas. We have the knowledge and experience to fight for your rights and ensure you receive fair compensation. Contact us today for a free consultation to discuss your case.
