Eighteen-wheeler accident victims may sustain a range of injuries that could qualify them for a settlement. The accident severity and resulting damages often determine settlement amounts.
As is typical in collisions involving large motor vehicles, if you sustained severe injuries, you may be entitled to a greater payout than those with minor injuries.
Similarly, factors such as the accident cause, the commercial vehicle carrier’s role, and other conditions can affect your settlement amount. If you or a loved one suffered injuries in an 18-wheeler accident, you have the right to pursue justice.
Factors that Can Affect Your Settlement Amount
Several factors come into play while analyzing an 18-wheeler accident settlement. Our legal experts will gather specific information on the cost of your current and future treatments if you have a major injury that requires continuing medical care.
Similarly, a total settlement sum could account for factors such as:
- The extent of the vehicle damage
- Lost earnings potential and wages
- The negligent party’s percentage of responsibility
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Determining the Damages You Can Recover After an 18-Wheeler Accident
Your injury attorney will need to compile various pieces of evidence documenting the financial costs or worth of your losses to calculate the damages you are entitled to. We can show the insurance company evidence such as:
- Medical costs
- Bills for counseling sessions
- Pay stubs
- Bank statements
- Photos of your severe injuries
- Payment invoices
- Project costs or hourly rates for freelance employment
- Signed contracts specifying the payment to be sent for the services done
- Timesheets and work schedules
- Vehicle damage and replacement quotes
- Diminished value estimates
Obtaining this type of evidence is essential for creating an accurate picture of your losses from your semi-truck crash.
When you meet with your 18-wheeler truck accident lawyer, bring any physical evidence or medical evidence you may have, such as the abovementioned paperwork.
Non-Economic Damages Are Calculated Using the Effects of the Accident on Your Life
Non-economic damages typically lack paperwork indicating their monetary value since they are considerably harder to measure.
These losses are given a monetary value based on several variables. Your attorney will take the following information into account when calculating your non-economic damages:
- Your age
- Health condition before the semi-truck accident
- Disabilities you’ve sustained
- How the injuries affect your daily life
- The duration of the injuries
- The severity of the injuries
- The degree to which you can recover
- Life expectancy
- Expertise from professionals in the fields of economics, medicine, and life care planning
Your non-economic losses are no less real, although they are less observable than your financial losses. These losses demonstrate the more significant effect the truck accident will have on your life; as a result, they might significantly affect your compensation.
Don’t worry about your damages; your truck accident attorney’s job is to calculate your losses and ensure you receive a fair settlement.
Responsible Parties in an 18-Wheeler Accident
Like any auto accident, establishing the liable party is crucial to financial recovery in 18-wheeler accident cases.
In some scenarios, individual driver errors may place liability on a single party. Common reckless and negligent driving behaviors that may place liability on the truck driver include:
- Inattention while driving: Distraction is a leading cause of accidents, especially with large vehicles like 18-wheelers. Being distracted behind the wheel can lead to serious and fatal accidents.
- Speeding: Driving too fast can lead to loss of control over the vehicle, cause serious property damage, and hurt other drivers on the road. Exceeding the speed limit could cause a rollover accident if the driver has a large cargo load.
- Drunk driving: Driving under the influence of alcohol is a serious offense with devastating consequences. Driving under the influence drastically decreases reaction times, increasing the chances of being involved in an accident, and can result in a driver losing their job.
- Drowsy driving: When a driver is overly tired, their reaction time and decision-making capabilities are significantly reduced, leading to an increased risk of being involved in an accident.
- Driving aggressively: Driving aggressively, such as speeding and tailgating, can lead to dangerous situations that can result in serious collisions and even death.
However, gaining a wider view of your case may reveal deeper, trucking-company-wide errors that cause accidents. We can present evidence to the insurance company to demonstrate the appropriate party’s negligence.
When the Trucking Company May Be Responsible for Your Damages
Sometimes a truck driver’s employer could be at fault for your accident. If their employer doesn’t follow the guidelines the Federal Motor Carrier Safety Administration (FMCSA) sets, they could be responsible for your injuries.
As the regulations state, large commercial vehicle and 18-wheeler operators must follow hours-of-service laws.
After 10 straight hours off, cargo-filled vehicle drivers are permitted to drive 11 hours. Drivers who break these rules may have to pay for your medical care and other recoverable damages in a settlement.
Commercial vehicle carriers ensure that their drivers adhere to these rules. However, we could hold the company liable if there is proof that their employer knew about or promoted such a breach.
Liability could also fall on multiple parties; our lawyers will examine your case and determine how many parties are responsible for your injuries. Then we can help you file a claim against each of them.
How Louisiana’s Laws Affect Your Crash Case
Federal legislation and motor vehicle carrier requirements can affect your settlement payment significantly following a commercial truck crash. However, state laws, such as those governing filing deadlines, also impact how a case develops.
For instance, Louisiana’s statute of limitations under CC Art. 3492 specifies that victims have one year to file a personal injury claim or lawsuit. If the deadline has passed and you haven’t filed a truck accident lawsuit, the law prevents you from suing for damages in civil court.
Various family members of the deceased, including parents, siblings, and legal guardians, are still entitled to seek compensation in cases of wrongful death. However, according to CC Art. 2315.2, these parties also have up to one year following their loved one’s death to file a claim.
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Seeking Financial Awards After You Suffer Injuries in a Semi-Truck Collision
As a semi-truck crash victim, you have the legal right to request compensation for your losses. That means that after your trucking accident, our attorneys will seek to recover any financial rewards you might be entitled to. Even though settlement amounts can differ, our team will use its expertise to examine the details of your case and pursue fair compensation.
You might be entitled to compensation for the following types of damages:
- Damage to vehicles and property
- Urgent medical treatment
- Operations and diagnostic tests
- Programs for physical therapy and recovery for your pain
- Loss of consortium
- Emotional trauma
- Distress and suffering
- Lost wages
- Diminished capacity to enjoy life
When you confront legal and financial trouble simultaneously, recovering after an 18-wheeler accident can be hard.
Our team is here to take care of your personal injury or wrongful death case so you can focus on your family.
What You Can Expect From Our Law Firm
When you work with one of our attorneys, we normally start by gathering proof to support your position. During this procedure, we may compile maintenance logs, communicate with the 18-wheeler’s commercial vehicle carrier, and research state regulations.
Our attorneys will inform you as we investigate your semi-truck accident claim and find the responsible parties. Then, as we pursue any damages you could recover, you can count on our attorneys to fight for you.
It may be difficult for you, as the victim, to communicate with other parties involved in your case. When you have one of our lawyers working on your case, we will take care of all necessary correspondence, so you do not have to.
Contact Our 18-Wheeler Accident Lawyers Today
Although it is challenging to estimate the typical payout for an accident involving an 18-wheeler, you should not be afraid to seek legal help for your case. Contacting our legal team costs nothing unless we win.
Our attorneys at Laborde Earles Injury Lawyers have a track record of dealing with 18-wheeler accident cases and similar cases. Our team will assess your damages as we uncover the accident details. In doing so, we will work to identify and establish a case against the liable parties and hold them accountable for their negligence.
For a free consultation, contact us today.