18-Wheeler Accident Claims: How Much You May Be Owed

Big trucks can cause major damage. Accidents involving 18-wheelers are among the most catastrophic on the road. Due to their massive size and weight, collisions with these vehicles can result in significant damage, life-altering injuries, and even fatalities. 

For victims and their families, pursuing compensation may be the only hope for rebuilding their lives. But how much compensation might you be owed in the aftermath of an 18-wheeler accident?

There is no easy answer to this question since it depends on several factors. While we can’t promise a specific amount, there are several helpful things to know about how damages and settlements are calculated in these cases. One of the most important things to know is how an experienced attorney can help you fight to maximize your compensation—and avoid accepting a lowball settlement offer. 

Types of Damages in 18-Wheeler Accident Claims

When filing a claim after an 18-wheeler accident, victims may seek compensation for two primary types of damages: economic damages and non-economic damages. In some cases, punitive damages may also apply.

Economic Damages

These are tangible losses that can be quantified in monetary terms. They include:

• Medical Expenses: Costs for emergency treatment, hospital stays, surgeries, rehabilitation, and ongoing medical care. This may also include prescription medications and assistive devices like wheelchairs.
• Lost Wages: Compensation for income lost due to time away from work while recovering from injuries.
• Loss of Earning Capacity: If the accident leaves you unable to perform your previous job or limits your ability to earn income in the future, you may be entitled to compensation for diminished earning capacity.
• Property Damage: Reimbursement for the repair or replacement of your vehicle and any other damaged property.

Non-Economic Damages

These are less tangible but equally significant losses. Examples include:

• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and its aftermath.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in activities or hobbies you once enjoyed, you may be entitled to compensation.
• Loss of Consortium: In cases where the accident impacts your relationship with your spouse, compensation may be awarded for loss of companionship and affection.

Punitive Damages

In rare cases, punitive damages may be awarded. These are designed not to compensate the victim but to punish the at-fault party for particularly reckless or egregious behavior, such as driving under the influence or knowingly operating an unsafe vehicle.

Factors That Influence Settlement Amounts

The amount of compensation you may receive depends on several factors specific to your case:

Severity of Injuries

The extent and severity of your injuries play a significant role in determining the value of your claim. More severe injuries, such as spinal cord damage, traumatic brain injuries, or amputations, typically result in higher compensation due to the increased medical expenses and long-term impact on your life.

Extent of Property Damage

The damage to your vehicle and other property can influence the overall settlement amount. Totaled vehicles or significant repairs are taken into account.

Liability

Establishing who is at fault is critical. If the truck driver or trucking company is found to be entirely responsible, your chances of receiving a fair settlement increase. However, if you are found partially at fault, your compensation may be reduced proportionally based on the laws in your state.

It’s important to note that liability doesn’t just stop at the driver. The truck manufacturer, the trucking company, and even the distributor that loaded the truck could all be responsible for how an accident occurs. Morgan & Morgan’s experienced attorneys can investigate the details of the accident to help you determine fault.

Insurance Coverage

The insurance policies held by both the trucking company and the driver play a role in determining the available compensation. Commercial trucking companies often carry higher insurance limits, which can impact settlement negotiations.

Emotional and Psychological Impact

The emotional toll of an accident—including conditions like post-traumatic stress disorder (PTSD)—is often factored into non-economic damages, especially when supported by medical documentation.

Legal Representation

Having skilled legal representation can make a significant difference in the outcome of your claim. Experienced attorneys at Morgan & Morgan can negotiate with insurance companies, gather critical evidence, and advocate for the maximum compensation you deserve.

How Are Settlements Calculated?

While it’s impossible to predict the exact amount of a settlement, understanding how settlements are calculated can provide clarity. Here’s an overview:

1. Assessing Economic Damages

Economic damages are calculated by adding up all quantifiable costs associated with the accident. This includes medical bills, receipts for property repairs, and documentation of lost wages.

2. Determining Non-Economic Damages

Non-economic damages are more subjective. Insurance companies and courts often use a multiplier method, where the total economic damages are multiplied by a number (usually between 1.5 and 5) based on the severity of the injuries and their impact on the victim’s life.

3. Evaluating Punitive Damages

If punitive damages are applicable, they are calculated separately and are often based on the egregiousness of the at-fault party’s behavior.

4. Considering Comparative Negligence

In states with comparative negligence laws, your settlement may be reduced if you are found partially at fault. For example, if you are deemed 20% responsible for the accident, your compensation could be reduced by 20%.

Why You Should Contact Morgan & Morgan

Navigating the complexities of an 18-wheeler accident claim can be overwhelming, especially when dealing with injuries and emotional trauma. The good news is Morgan & Morgan is here to help.

As the country’s largest personal injury law firm with over 35 years of experience and over $23 billion recovered in lawsuits and settlements, we have the size, experience, and winning reputation to take on even the biggest corporations.

If a large truck caused you injuries, we are here to fight for you to recover the compensation you need and deserve to move forward with your life after this needless accident.

Our attorneys can thoroughly investigate the circumstances of the accident, gather evidence, and identify all liable parties, which may include the driver, the trucking company, and even the vehicle manufacturer.

Insurance companies often attempt to minimize payouts. An attorney can negotiate on your behalf to ensure you receive a fair settlement. If a fair settlement cannot be reached, your attorney can take your case to court and advocate for you before a judge and jury.

The aftermath of an 18-wheeler accident can be overwhelming, but you don’t have to face it alone. Determining how much you may be owed depends on a variety of factors, including the severity of your injuries, the extent of property damage, and the actions of the at-fault parties. 

While there is no guarantee of a specific settlement amount, understanding the process and seeking experienced legal representation can significantly improve your chances of securing fair compensation.

If you or a loved one has been injured in an 18-wheeler accident, contact Morgan & Morgan today. Our compassionate and skilled attorneys are here to guide you through the process and fight for the justice you deserve.