If you were in a collision with a large truck that resulted in injuries, you may wonder what the average semi-truck accident settlement is. Only around 1.1% of accidents in Arizona involve semi-trucks, but the injuries that result are often severe or even fatal. Many factors are involved in determining damages, and at Sargon Law Group, our team of attorneys can help you recover a settlement.
Average Semi-Truck Accident Settlement
Every case is different, so a settlement related to a semi-truck crash varies greatly. The average settlement in Arizona is more than $1 million, but it could be anywhere from tens of thousands of dollars to multi-millions.
Common Causes of Semi-Truck Accidents
The cause of the accident plays a role in determining a settlement amount. Common causes include:
- Driver fatigue
- Distracted driving
- Speeding
- Poor truck maintenance
- Defective or malfunctioning equipment
- Improper loading of the truck
Figuring out the cause helps determine who is at fault for the accident, which makes it easier to take legal action. The defendant may be the driver, trucking company, equipment manufacturer, or a combination of the preceding entities.
Things That an Accident Settlement May Cover
An average semi-truck accident settlement often covers a variety of things:
- Past, current, and future medical expenses
- Lost wages
- Transportation costs related to treatment and doctor appointments
- Property-related expenses
- Physical and emotional suffering
- Current and future expenses related to a fatal crash
An attorney considers these factors when coming up with a fair settlement amount.
Factors That Influence Settlements Involving Semi-Trucks
The amount of a semi-truck crash settlement varies based on numerous factors.
Medical Expenses
The medical costs associated with related injuries are a major part of the average semi-truck accident settlement. These include emergency room visits, doctor appointments, hospital stays, medications, surgeries, and other treatments. If the injuries are severe, the settlement amount will also include future medical expenses.
Medical costs also includes rehabilitation the injured individual requires, including physical therapy, occupational therapy, respiratory therapy, speech therapy, neuropsychology, or other special services. In general, the higher the medical bills, the higher the settlement.
Injury Severity
The severity of injuries is usually directly correlated to the number of medical treatments needed, and more serious injuries often result in higher settlements. For example, traumatic brain injuries, if moderate to severe, may require lifelong treatment and rehabilitation, so the settlement takes this into account. Other injuries that may be more severe include spinal injuries, amputations, and fractures.
Lost Income
The average semi-truck accident settlement considers the wages lost due to injuries. This includes time spent in the hospital and days taken off for doctor visits and treatments. If the associated injuries result in partial or total disability, the settlement usually includes future lost wages.
Property Damage
The costs to repair or replace the vehicle or other personal property affect the settlement amount.
Mental and Emotional Suffering
If the accident and associated injuries result in a lower quality of life or significant physical and emotional suffering, compensation may be a part of the average semi-truck accident settlement. These non-economic damages are subjective and harder to prove and calculate, but an attorney will consider the length and type of suffering when requesting this amount, including any diagnoses by mental health professionals.
Wrongful Death
If someone dies as a result of the accident, a loved one can take legal action on behalf of the deceased individual. Wrongful death settlements take into consideration any medical expenses related to the deceased, loss of future income, funeral and burial costs, and loss of parental support.
A wrongful death settlement may also include loss of consortium. This compensates a spouse or close family member for the loss of:
- Love and affection
- Sexual or marital intimacy
- Support
- Protection
- Companionship
- Comfort
An accident settlement is often higher if the fatal victim was the sole breadwinner or left behind a family with young children.
Comparative Negligence
If there is sufficient evidence to prove that the trucking company, driver, or parts manufacturer was negligent, the settlement is often larger. However, if the injured individual suing the other party is partly at fault, the average semi-truck accident settlement amount is lowered.
Arizona has a comparative negligence law. This states that even if the injured party is at fault, they can still recover damages, but the amount is reduced based on the percentage of fault.
Average Length of a Semi-Truck Accident Case
If you take legal action against another party for your injuries, do not expect to receive a settlement check quickly. Although your attorney wants you to get compensation quickly, they also want to take the time necessary to ensure you get everything you need.
Most cases take months to several years to resolve, regardless of whether you seek more or less than the average semi-truck accident settlement amount. The investigation may take a long time, depending on the case’s complexity. Your attorney may also want to wait until you complete your treatment to get the highest compensation for medical care.
Insurance companies also fight aggressively to reduce settlement amounts. An experienced attorney knows how to negotiate with the insurance or trucking company to ensure your settlement is fair, but this process often takes time.
Most settlements occur out of court. However, the case may go to trial if negotiations do not result in a fair compensation amount. If this occurs, the process generally takes longer, which means it will take more time for you to receive a settlement check.
How an Attorney Can Help With Your Semi-Truck Accident Settlement
Now that you see the factors involved in an average semi-truck accident settlement, you probably understand that hiring a personal injury attorney is imperative to help you get fair compensation. At Sargon Law Group, we have years of experience working for injury victims. We know what is necessary to determine the correct settlement amount and how to win a case.
We offer a free consultation, during which we review the facts of your case to determine your next steps. Contact us today to schedule an appointment.