Commercial vehicle accidents can have severe implications, often leading to significant injuries and damages. Understanding the average settlement for commercial vehicle accidents is crucial for victims seeking compensation. This article provides an overview of commercial vehicle accidents, factors influencing the settlement amounts, and the legal framework governing these settlements.
What is a Commercial Vehicle Accident?
A commercial vehicle accident involves a vehicle used for business purposes. These accidents are often more serious due to the larger size and weight of commercial vehicles, leading to greater damage and injuries.
The legal aspects of these accidents can be complex, involving company liability, driver negligence, and safety regulations. It's advised to seek legal help if you're involved in an accident.
Examples of commercial vehicles include:
- Semi-trucks, big rigs, tractor-trailers, and 18-wheelers
- School buses, city buses, and private buses
- Garbage and refuse collection trucks.
Average Settlement for Commercial Vehicle Accidents
Between 2015 and 2023, many trucking accident cases were settled, with an average settlement amount of $73,109.92. This figure includes cases where the defendant operated a commercial truck or a tractor-trailer.
It's important to understand that commercial vehicle accident settlements can vary widely, with some settling for tens or hundreds of thousands of dollars and even up to tens of millions. On the lower end, settlements may range from $25,000 to $50,000, typically involving minor injuries and minimal property damage.
Everything You Need To Do Right After A Commercial Vehicle Accidents
After an accident with a commercial vehicle like a large truck or bus, it's important to focus on these steps to keep yourself safe and protect your rights:
Look After Your Health
Your health comes first. If you're in a crash with a big vehicle, like a truck, get medical help immediately. Sometimes, injuries don't show up immediately. Calling 911 ensures you get the medical care you need and that the accident is officially recorded, which is important for any claims you might make later.
Document the Scene
If you can, take pictures of where the accident happened. This includes photos of the vehicles, any damage, tire marks on the road, where the vehicles ended up, and any injuries you have. Trucking companies sometimes send people to the accident site to gather evidence, which might not always be in your favor. If you can't take photos or gather this information, contact a lawyer specializing in truck accidents. They can send an expert to look at it.
Be Careful Who You Talk To
You might get calls from the trucking company's insurance people. Remember, they're looking out for the trucking company, not you. What you say can be used in their favor. It's usually better to let your lawyer talk to them.
Get a Lawyer Experienced in Truck Accidents
An insurance adjuster might say you don't need a lawyer, but having one is a good idea. You must seek the help of an attorney because this is not something you want to manage on your own. The insurance companies do not support you. They are responsible for paying out as little as possible so the insurance company does not lose money or profit. You need a knowledgeable attorney close to you fighting for you. They can help ensure you get enough money to cover any ongoing medical treatment, lost wages from being unable to work, and compensation for any pain and suffering.
Who Is Liable For a Commercial Vehicle Accident?
Commercial vehicle accidents can involve multiple parties and complex legal issues. Liability in a commercial vehicle accident can depend on the circumstances of the accident and the relationship between the parties. Here are some potential parties that could be held liable and the factors that affect their liability:
- Truck Driver: The truck driver may be liable if they were negligent, such as speeding, making unsafe lane changes, or driving under the influence. Liability could depend on their employment status with the trucking company.
- Trucking Company/Employer: Employers can be held responsible for accidents caused by employees on the job based on the principle of vicarious liability. Negligence on the employer's part, such as inadequate supervision, poor hiring practices, improper training, or lack of vehicle maintenance, can also lead to liability.
- Other Companies: Other companies involved in the vehicle and its cargo could also be liable for an accident. This could include the owner of the truck, the cargo owner and loader, and the truck maintenance company. These companies could be liable for their own negligence or breach of contract, such as defective equipment, overloaded freight, or faulty repairs.
- Third Parties: In a commercial vehicle accident, non-employer third parties may also be at fault. This includes vehicle manufacturers, mechanics, safety inspectors, regulators, and road maintenance companies. They may be liable for negligence or product liability, e.g., defective design or non-compliance with safety standards.
Liability in a commercial vehicle accident can vary based on the laws of the jurisdiction where the accident occurred. Therefore, it is recommended to consult with a legal professional to understand the specifics of a particular case.
How Commercial Vehicle Accident Settlement Amounts Are Determined?
The average settlement from commercial accidents varies. Usually, the settlements for these types of accidents are higher than those from accidents involving only cars. This is due to:
- Fault of Truck Driver or Company: This is about who caused the accident. If the truck driver or the company they work for was careless or broke rules, they might be responsible for the accident.
- Plaintiff's Contributory Fault: This looks at whether the person suing (the plaintiff) also played a part in causing the accident. In some places, if the plaintiff is partly to blame, they might get less money in the settlement.
- Injury Severity and Medical Costs: The more serious the injuries and the higher the medical expenses, the larger the potential settlement. This also covers future medical and rehab costs.
- Non-Economic Damages and Suffering: This refers to the physical and emotional pain caused by the accident. These damages are hard to put a number on but can greatly increase the settlement amount.
- Defendant's Willingness to Settle: If the defendant (like the trucking company) wants to avoid a long court battle, they might offer more money to settle the case quickly.
Each case is different, and these factors can vary depending on the accident's details and the people involved. Talking to a lawyer experienced in these cases is important for the best advice.
Contact Browning Law and Obtain the Compensation you Deserve
If you have been involved in a commercial vehicle accident, consider contacting Browning Law. Our team of expert attorneys can provide expert advice and a free consultation to help you navigate the complex legal process of your commercial vehicle accident settlement in Fort Walton Beach, Florida. We are committed to fighting for your rights and ensuring you receive the compensation you deserve. Contact us today for assistance.