Accidents are bad enough, but accidents involving huge 18-wheelers can be major highway disasters. If you are injured, you may be entitled to significant financial compensation. If you choose to accept a settlement, that settlement must reflect the magnitude of your injuries, expenses, and pain.
What makes a good settlement will depend on your injuries, losses, and monetary expenses from the accident. While every case is unique, 18-wheeler accidents tend to be severe, and there is a good chance your settlement should be substantial. When negotiating a settlement, your attorney should account for your medical costs, property damage, the income you lost, pain, and distress.
Get a free, private case assessment by calling our Austin truck accident lawyers at Cap City Injury Attorneys at (512) 612-3110.
What Should a Good Settlement Be Worth in an 18-Wheeler Accident Case?
A good settlement will vary based on each plaintiff’s specific claims, circumstances, and needs. In general, a good settlement should, at the very least, adequately cover your economic losses, although other factors should be considered.
Covering Medical Costs
A big part of your case is likely medical bills. An accident with an 18-wheeler may lead to severe injuries that require extensive, long-term medical care. Accordingly, your medical expenses may be substantial, and a reasonable settlement should cover them.
Accounting for Pain and Distress
Many of your damages may be non-economic, such as pain and suffering. These claims are often subjective, and we may need to be more creative in how our Texas truck accident attorneys argue for compensation. It may be advisable to keep journals or written records of your painful experiences, as they may be used to support a larger compensation claim.
Comparative Fault
The defendant may argue that you did something to contribute to the accident. If their claims have merit, we may need to consider comparative fault when negotiating a settlement. The greater your share of blame, the more your overall damages may be reduced. In Texas, if your fault exceeds 50% of the total, you may be barred from recovering anything.
How Do I Get the Best Settlement for Injuries from an 18-Wheeler Crash?
To get the best settlement possible, we must come prepared with strong evidence and effective negotiation tactics.
Evidence
While settlement negotiations do not occur during trial, we may still present evidence to support your claims. Medical records to prove your injuries, witness statements, photographs and video footage, and information from the trucking company’s business records may help us.
Remember, because settlement negotiations are not trials, we may present evidence that would otherwise be inadmissible in a courtroom. For example, if the police included details in their crash reports that help your claims, we can use them during settlement talks even though police reports are inadmissible hearsay.
Negotiation Tactics
Having evidence on our side is only half the equation. We must have a strategy in place to guide us through negotiations. Talk to your attorney about what damages you might be willing to compromise on and which ones you refuse to give up. This may help us secure an acceptable agreement that covers your most significant damages.
How Can a Lawyer Help Me Get a Good Settlement for an 18-Wheeler Accident in Texas?
An attorney is your key to getting a good settlement, and you should speak to one as soon as possible.
File a Lawsuit
Settlements are not guaranteed. They may drag on and on only to fall apart. Your attorney can help you by having your lawsuit prepared while settlement negotiations are ongoing. If negotiations break down, your lawsuit is ready to go.
Gather Evidence
Your lawyer should also help you gather as much evidence as possible. Ideally, you should have enough evidence in your arsenal to meet the burden of proof in a civil courtroom. Having such strong evidence will show the defense that they will likely lose in court, and that a favorable settlement is their best option.
Develop a Plan
We cannot enter settlement talks without a plan. We should go in strong and demand the most compensation possible. We should even demand more than we believe we can obtain. This way, as the settlement is whittled down to something more reasonable, you are more likely to land on a final sum that is close to the true value of your claims.
FAQs About 18-Wheeler Injury Settlements in Texas
Who Pays for a Settlement After an Accident with an 18-Wheeler in Texas?
Generally, the at-fault party’s insurance may pay for a settlement. However, defendants may pay for settlements out of pocket in some circumstances.
How Do I Know What a Good Settlement is for Injuries from an 18-Wheeler Accident?
Whether a settlement is a good one is ultimately up to you. Still, a good settlement should at least adequately cover your monetary expenses so that you are not left in serious debt after the accident. The more severe your injuries are, the greater the settlement should be.
What Evidence Do I Need to Get a Good Settlement?
Evidence may include, but is not necessarily limited to, photos and videos from the crash scene, testimony from witnesses, your own testimony, medical records, records of financial costs, and police reports. Keep in mind, police reports may be used during settlement negotiations, but they are usually inadmissible as evidence in court.
Should I Hire a Lawyer to Help Me Get a Good Settlement?
Yes. The at-fault truck driver, their employer, and their insurance providers will likely want to minimize their costs by offering the smallest settlement they think you might accept. Your attorney should know when you are being low-balled and push for greater compensation.
What Happens if Settlement Negotiations Fail?
While a settlement is possible, it is not guaranteed. If the opposing party refuses to offer a good settlement, your attorney should be prepared to take the case to a full trial.
Who Can I Sue for an 18-Wheeler Accident in Texas?
If you sue for your damages, you may sue the driver of the 18-wheeler involved in the accident, and possibly their employer, depending on how the accident happened. Often, employers have more financial resources and are better able to cover damages.
Speak to Our Texas Truck Accident Lawyers for Help Getting a Good Settlement
Get a free, private case assessment by calling our Kyle, TX truck accident lawyers at Cap City Injury Attorneys at (512) 612-3110.