How Much Will You Get Paid If an 18-Wheeler Hits You?

October 8, 2024 | By Colombo Law

An 18-wheeler accident is often very serious. These crashes often result in catastrophic damage and traumatic injuries. Victims of these accidents can find their worlds rapidly turned upside down as they grapple with the financial, physical, and psychological consequences.

The good news is that you may be able to recover compensation for your losses. If the truck driver, the trucking company, a manufacturer, and/or another party acted in a negligent way, causing the accident and subsequent damages, they may be held liable and therefore required to pay compensation to the victims.

How much you can recover is a complicated question. Our recommendation is to speak with an experienced truck accident attorney who can evaluate your situation and help you navigate the path toward maximum compensation.

At Colombo Law, we have extensive 18-wheeler accident experience and are here to help you through this difficult time. Call us today at 304-599-4229 for a FREE case review. Our truck accident lawyers serve clients in Morgantown and throughout West Virginia.

What Damages Are Available for an 18-Wheeler Accident?

The goal of damages in truck accident claims is to make an accident victim whole again. As such, every loss or expense suffered by an accident victim as a result of another party’s negligence may qualify for compensation.

Most of these damages will come in one of two forms: economic or non-economic damages.

Economic Damages

Economic damages are just what they sound like: damages that cover financial loss and expenditures that come as a result of an accident. This can include immediate costs such as:

Medical bills
Lost wages
Property damage

When calculating economic damages, future expenses should also be included. This may include the cost of ongoing rehabilitation, modifications to your vehicle or home, and more. In addition, you may be entitled to compensation for loss of future income (known as loss of earning capacity).

Non-Economic Damages

Non-economic damages compensate accident victims for the emotional and psychological pain they have and will experience because of the accident. These damages may include:

Pain and suffering
Mental anguish
Loss of enjoyment of life
Disfigurement
And more

It may seem impossible to put a dollar amount on non-economic damages. Experienced attorneys often partner with medical and financial experts to evaluate your injuries and accurately quantify the impact on your life.

Too often, accident victims only seek to recover their immediate expenses and do not fully consider the sum total of their losses. After an 18-wheeler accident, it is critical to speak with a knowledgeable lawyer to understand what your claim may be worth.

How Are Damages Determined?

Economic damages can be determined in a couple of different ways depending on the short- or long-term nature of the expense:

Short-term expenses: For immediate losses like medical bills and property damage, damages are determined by bills and receipts. You should always keep every piece of paper and email you receive related to the accident.
Long-term expenses: Expenses you have not yet incurred are understandably more difficult to calculate. In these situations, we work with medical experts and others to determine how much you can expect to pay long-term.

A combination of expert testimony and legal precedent is often used to arrive at a figure for non-economic damages. It is important to establish a monetary value for the specific losses you have sustained, as insurance companies tend to rely on inexact formulas when accounting for non-economic losses in a settlement offer.

Obtaining Compensation

No matter how much compensation you are eligible for, you will only be able to recover it if you can prove the other party’s negligence. You must be able to demonstrate through evidence and witness testimony that it is more likely than not that the truck driver (and/or another party, such as the trucking company) acted in a negligent manner that resulted in your injuries and damages.

Once this has been established, there are two ways your claim may be resolved: settlement or trial.

Negotiating a Settlement

The easiest and quickest way to recover compensation in most cases is by receiving a settlement offer from the liable party’s insurance company. However, it is immensely important to understand that the insurer is unlikely to give you a fair settlement offer right away.

Insurance companies typically start by providing a “low-ball” offer they hope you will accept. Once you accept that offer, you will no longer be able to bring any legal action against them related to the 18-wheeler accident.

Truck accident claims tend to be worth a lot of money. As such, insurance companies fight them very hard. Even if they accept that the defendant was responsible for the accident, they will do whatever they can to reduce what they have to pay in compensation.

Having a skilled truck accident lawyer negotiate a settlement on your behalf is crucial. Knowledgeable attorneys can fight for your rights and help you navigate the challenging process of settling your case.

Going to Trial

If negotiations with the insurance company break down and you are unable to come to an agreement, the other option is to file a lawsuit and take your case to court. This may take longer than a settlement, and it comes with some degree of risk, but it is important to keep this option open.

You should choose an attorney who is willing to prepare your case for trial if that is what is needed to recover the full compensation you deserve. Some accident attorneys will urge their clients to accept a settlement offer to avoid the time and effort needed to go to court which, simply put, is not necessarily in their clients’ best interests. Your attorney should be willing to explore every option available to obtain the justice you deserve.

What Is the Average Truck Accident Settlement Amount?

Truck accident settlement amounts vary widely from one case to another. This is because the injuries and damages victims sustain in an 18-wheeler accident also vary widely.

While truck accidents in general tend to be serious and result in higher settlement amounts than many other types of accidents, it is still impossible to predict how much an individual settlement is worth without knowing the details of your claim. As such, averages are not very helpful. In fact, relying on averages could cause you to seek less compensation than you would if you hired an attorney to investigate the accident and calculate the full extent of damages you are due.

That said, looking through previous results achieved by reputable truck accident lawyers can help you find an attorney who can represent you effectively.

Contact an 18-Wheeler Accident Lawyer Today

At Colombo Law, our primary focus is representing truck accident victims to help them obtain the compensation they need and deserve for their damages. Through our years of service, we understand how difficult it can be to recover from a truck accident. You can count on our firm to do everything we can to make that process as simple as possible.

Truck drivers, the companies they work for, and other responsible parties have a duty to other drivers on the road. When they fail to put safety first, prioritizing corporate goals or distractions over the safety of others, they need to be held accountable for their actions. That is what we are here to do.