How Much Is Your Truck Accident Claim Worth?

You made it through a truck wreck. That’s great news.

The bad news? Your bills are already stacking up. Hospital bills. Ambulance rides. Emergency surgeries. Prescription meds you can’t pronounce. This is just the medical stuff.

You’ve missed work. You might never be able to return to work. Your car is probably totaled. And your family is dealing with this, too.

On top of everything else, you need to figure out what your case is worth.

Don’t let that stress you out.

Truck accident cases aren’t car accidents. They involve more severe injuries. Higher stakes. And compensation that’s often exponentially larger than you think.

But you won’t get that money if you don’t know how it works.

At America’s Truck Accident Network, we connect injury victims with truck accident lawyers who will fight tooth and nail to recover every dollar their clients are owed. This guide explains the different types of compensation available to you, how insurance companies try to minimize your payout, and what factors influence how much your claim is worth.

We use Texas law as an example throughout this article. But specific damage caps, rules on recovering damages, and fault laws may vary based on where you were injured.

If you’re ready to take action now and speak to an attorney for free, visit our main page to learn more and connect with a lawyer today.

Otherwise, read on!

Why Truck Accident Claims Are Worth More Than Car Accident Claims

We’ll start with the obvious. Commercial trucks can weigh up to 80,000 pounds under federal regulations on interstate highways. Your car probably weighs less than 4,000 pounds.

That matters when figuring out what your case is worth. When one of those machines plows into you, it causes serious damage. 

 Paralysis. Traumatic brain injuries. Lost limbs. Death.

These aren’t minor injuries. They affect you for the rest of your life.

And life-altering injuries require life-altering compensation.

There are a few reasons why truck accident claims are worth more than typical car crashes:

• Truck accidents cause more severe injuries that result in higher medical bills and lost wages
• Multiple parties can be held liable in a truck accident (driver, company, loaders, repair shops)
• Trucking companies have more insurance coverage than your neighbor Joe, who runs a taxi service from his home
• When federal regulations are violated, it can increase your claim value dramatically

Taken all together, that means your potential settlement is often much higher than what you’d typically recover from a car accident.

Types of Compensation Available in a Truck Accident Case

For the most part, there are two categories of compensation.

One covers everything with a price tag. Medical treatment. Lost wages. Property damage.

The other category is for everything else. The more nebulous stuff. Pain and suffering. Emotional distress. Loss of enjoyment of life.

States also allow punitive damages under certain circumstances. These have nothing to do with your losses. They’re designed to punish the trucking company for its conduct.

Let’s take a closer look at each one.

Economic Damages in a Truck Accident Claim

Economic damages are just what they sound like. They’re the costs you incur from the accident that you can calculate.

Medical bills are the biggest category. This includes:

• ER visits and ambulance costs
• Hospitalization
• Surgeries
• Rehab & physical therapy
• Prescription medications
• Medical devices such as wheelchairs, crutches, and prosthetics
• Future medical treatment related to your injuries
• Lost income from time away from work
• Loss of earning capacity if you cannot return to your old job
• Repair or replacement costs for damaged property
• Any other out-of-pocket expenses (mileage to doctor’s appointments, childcare during recovery, house modifications)

Calculating future damages can be tricky.

Breaking your leg is bad. You go to the doctor, they set it, and you walk away with a slight limp and a good story. Now imagine if that broken leg left you paralyzed from the waist down.

Injuries that require future medical care come with costs that you won’t incur right away. Your attorney will need to account for every hospital bill, doctor’s visit, therapy session, and prescription you’ll need for the rest of your life.

Economists, life care planners, and medical experts can help project these costs. Without expert testimony, your insurance company will call your future damages speculative and try to reduce them from your settlement.

Don’t forget about lost earning capacity.

We touched on this above, but it’s worth highlighting. Lost wages refer to the time you spent recovering from your injuries and were unable to work. That’s straightforward enough. But what if you can’t return to work at the same job?

Perhaps you were an electrician making $60,000 a year. But after your accident, you can no longer do manual labor. You can still work, just not at the same level. Even if you find a desk job that pays $30,000 a year, you’ve lost $30,000 in earning capacity.

That’s money you should be compensated for.

Self-employed workers can run into unique challenges here. Instead of a paystub showing how much you made before the crash, you’ve got to dig up tax returns. Profit and loss statements. Contracts with your clients.

It’s more work, but a good attorney will build every dollar you’ve lost into your claim.

Non-Economic Damages in a Truck Accident Claim

Non-economic damages are your injuries that don’t come with a bill. The pain and suffering you experience. Emotional trauma.

These damages are much harder for insurance companies to calculate. That gives you an advantage. But it doesn’t make them priceless.

Insurance companies will do whatever they can to shift blame onto you. They’ll argue your injuries aren’t that bad. They’ll say you should’ve been able to work if you really tried. Or that your son’s birthday party posted on Facebook “proves” you’re not in as much pain as you claim to be.

Attacking your character is par for the course. Unfortunately, insurance adjusters do this, hoping you’ll get desperate and accept a lower settlement.

Calculating non-economic damages.

Calculating these damages is more of an art than a science. There’s no standardized calculation that every attorney uses.

Many treat them as you would economic damages. Attorneys and insurance companies often use multipliers or per diem methods when calculating non-economic damages.

The multiplier method multiplies your total economic damages by a factor based on the severity of your injuries. A mild concussion might result in a multiplier of 1.5 times your economic damages. Paralysis may result in a multiplier of 5.

Per diem calculations give you a set dollar amount for every day you’re affected.

Bottom line, severe injuries with obvious physical scars will recover more non-economic damages than soft tissue injuries.

A professional athlete who broke his leg may recover less for his injury than a burn victim who sustained third-degree burns over 30% of his body.

Evidence matters. Take pictures of your injuries as you heal. Keep a detailed journal of how you feel each day.

Your attorney can use this documentation to maximize your non-economic damages.

Punitive Damages in Truck Accident Cases

If there’s one thing that sets truck accident claims apart from car wrecks, it’s punitive damages.

While we discussed these above, punitive damages are different from other types of compensation we talked about.

Let’s look at an example.

Joe was driving home from work one day. He ran a red light and crashed into your car. Joe was negligent. He should’ve paid more attention. But he didn’t.

But what if Joe’s employer taught him to speed, lie on his log book, and push hours of service limits? What if they violated federal safety regulations with zero consequences?

Those aren’t just negligent actions. They’re company-wide policies that put innocent people like you at risk.

That’s when punitive damages come into play. Punitive damages, also known as exemplary damages in Texas, are available when the plaintiff proves by clear and convincing evidence that the harm resulted from:

• Fraud
• Malice
• Gross negligence

(Tex. Civ. Prac. & Rem. Code § 41.003).

Texas law caps punitive damages at the greater of $200,000 or 2x the amount of economic damages + $750,000 of non-economic damages. (Tex. Civ. Prac. & Rem. Code § 41.008).

Real-world examples of truck accidents involving punitive damages include:

• Trucking company knowingly hired a driver with multiple DUIs
• The company lied on an inspection report to keep a truck in service
• The truck driver was forced to violate hours of service regulations by their employer

These are just some examples. Other states handle punitive damages differently. Talk to your attorney about what’s available in your state.

Wrongful Death Claims in Truck Accidents

Death is never the outcome anyone hopes for in an accident. But it happens. And when it does, the surviving family members are left picking up the pieces.

No amount of money can compensate you for the loss of your loved one.

But families can recover wrongful death compensation to cover some of the financial burdens they’ll face.

In Texas, wrongful death claims can be brought by the deceased’s spouse, children, or parents. Tex. Civ. Prac. & Rem. Code § 71.004

Damages in a wrongful death claim may include:

• Loss of financial support
• Loss of companionship
• Mental anguish suffered by family members
• Funeral expenses
• Medical bills leading up to death

Texas law also allows for something called a survival action. These claims are filed on behalf of the deceased and cover compensation for the pain and suffering they experienced between the time of injury and death. The estate can also recover medical bills incurred during that time.

The statute of limitations for wrongful death in Texas is 2 years from the date of death. (Tex. Civ. Prac. & Rem. Code § 16.003). 

You should consult with an attorney as soon as possible if your loved one died because of a truck accident. There are deadlines and critical evidence that need to be secured immediately.

Insurance Companies Reduce Your Compensation

Insurance companies profit by charging you premium payments and paying out as little money as possible on claims.

Your claim isn’t special.

Here are some dirty secrets the insurance industry doesn’t want you to know.

The insurance adjuster calling you shortly after the crash is not your friend. They do not care about your well-being. And they are not interested in paying you the full value of your claim.

Some common tactics include:

• Lowball settlement offers that don’t begin to cover your losses
• Blaming pre-existing conditions for your pain
• Claiming you waited too long to seek medical treatment
• Shifting blame onto you to reduce their liability
• Having their own doctor examine you to dispute your injuries
• Monitoring your social media accounts for proof you’re “faking” your injuries
• Hiring private investigators to watch your every move

What do you mean insurance companies have private investigators following us around?!

Yep. If there’s money to be made on a high-value claim, they’ll assign an investigator to surveil you. They’ll take pictures of you feeding your kids breakfast. Mowing the lawn. Playing with the dog. Then they’ll use those pictures to argue you’re not as injured as you claim.

You think that’s bad… Some investigators engage in “shoulder surfing” when you visit the doctor. They watch you through windows while you’re getting examined. Everything you say to your doctor can be used against you later.

We could go on. The point is, they have ways of reducing your claim you don’t know about. And that’s why you need someone on your side who does.

Having an attorney also prevents lowball offers from being tossed your way. Insurance companies handle negotiations differently when they know you’re represented by a truck accident lawyer. They understand you won’t accept a fraction of what your case is worth. And they know you have the ability to take the case to trial if need be. That changes how they approach negotiations.

Percent of Fault and How It Affects Your Recovery

Truth is, truck accident cases are almost never 100% the other driver’s fault. The insurance company will make you prove who was at fault, no matter how obvious it is.

Again, that’s because your recovery is reduced by your percentage of fault. Plain and simple.

So let’s look at how that actually works.

In Texas, we operate under what’s known as proportionate responsibility. (Tex. Civ. Prac. & Rem. Code § 33.001).

Essentially:

• If you are found to be 50% or less at fault, you can recover compensation from the other party
• Your recovery is reduced by your percentage of fault
• If you are greater than 50% at fault, you recover nothing

Example: Total damages = $500,000. Jury finds you 20% at fault.

Your recovery would be $400,000 ($500,000 – 20%).

Example 2: Total damages = $500,000. Jury wants to find you 30% at fault, but your attorney convinces them it’s only 20%.

You just saved $50,000 because the insurance company tried to place more fault on you.

Insurance companies love this rule. They literally hire people to review every detail of your accident and find ways to place fault on you.

If you slide from 20% to 30% at fault, your recovery doesn’t just reduce by 20% of the total damages. Your recovery is reduced by 30%. That can be a huge amount of money in large truck accident cases.

That’s why your attorney will focus significant time on your liability case. You need to identify that the truck driver and the trucking company were at fault early on. Once the insurance company has a chance to gather evidence, it’ll be much harder to change their story.

How Much Is My Truck Accident Claim Worth?

• How much is your truck accident case worth? That depends.
• A better question is, how much should your truck accident case be worth? Now we’re getting somewhere.
• Several factors influence the value of your claim. Here are the big ones:
• Injury severity
• Amount of medical bills (past and future)
• Lost wages from time off work (and if you can return to work)
• Number of liable parties
• Insurance policy limits
• Evidence available (ELD, black box, maintenance logs, driver qualification files)
• Violations of FMCSA or state safety regulations
• Your percentage of fault (if any)
• Where you file your case (some courts are more plaintiff-friendly than others)

Each of these factors can increase or decrease your settlement value.

A catastrophic injury case with years of future medical care, clear violations, and plenty of insurance coverage will be worth more than a moderate injury with disputed liability.

Your attorney should work to build your strongest case on every factor listed above.

How Long Does It Take to Finalize a Settlement?

How long does it take to settle a truck accident claim?

The short answer? It depends.

We hate that answer too. But let me explain.

Some truck accident cases settle in a few months. Others take a year or more.

Your attorney won’t push you to settle early. You shouldn’t settle your claim until you’ve reached maximum medical improvement (unless you’re financially desperate). Plus, how long it takes to settle depends on many factors we discussed above.

Including whether your case even settles.

You should never accept a settlement offer until you’ve finalized your treatment.

Every insurance company we’ve ever dealt with pushes lowball offers ASAP. Why? Because they know you’ll accept just to get the money now and forget about the whole ordeal.

If you’ve hired a truck accident lawyer, they won’t let you accept an offer that doesn’t fully compensate you for your injuries. But that doesn’t mean you shouldn’t prepare yourself for the timeline.

Talk to your attorney about what you should expect based on the specifics of your case.

Settlement vs. Trial: What’s Better?

The reality is that 99% of personal injury cases settle before they ever see trial. That includes truck accident claims.

This isn’t a bad thing. Settlements allow you to recover compensation faster than waiting months or years for a trial. You also don’t have to worry about trusting your recovery to a jury.

But just because most cases settle doesn’t mean you shouldn’t go to court if you need to.

Some situations call for a trial. Here are a few:

• The insurance company lowballs you and refuses to offer a fair settlement
• The negligent party did something horribly wrong, and you want them to hear about it from a jury
• You have clear violations that could lead to punitive damages
• They’re banking on you being scared of going to court

Typically, settlement negotiations look like this:

Your attorney will send a demand letter to the insurance company. This letter includes details about the crash, who was at fault, and the total value of your damages. The insurance company will send a counteroffer. Hint: It’ll be way too low.

Your attorney will likely send another letter or two before the negotiations begin. This is when phone calls and proposed settlement amounts are exchanged.

This negotiation process could lead to a fair settlement or deadlocked positions.

If formal negotiations don’t work, both parties may agree to mediation. Each side meets with a mediator who works to get you and the insurance company to agree on a fair number.

Most truck accident claims are resolved through mediation.

If mediation doesn’t work, it’s off to trial we go!

When you settle, you typically receive a lump sum payment. Some injuries warrant what’s called a structured settlement. Essentially, you receive payouts over time instead of one big chunk. There are pros and cons to both.

Here’s another thing to keep in mind. The fact that your attorney is willing to go to trial affects settlement negotiations.

Insurance companies pay attention to which attorneys file lawsuits and who actually goes to court. If they know your attorney has a reputation for taking cases to trial, they will settle your case for a fair number.

The last thing they want is to pay for a jury to blow up their initial settlement offer.

A fair settlement backed by the threat of trial is ideal.

How Does Having a Lawyer Increase Your Settlement?

You may be wondering if hiring an attorney is even worth it, especially if they take a third of your recovery.

Here’s the truth.

Clients who hire attorneys recover more from their accidents than those who don’t. And by more, we mean much more.

Even after you pay attorney fees, you’ll walk away with a higher net recovery than if you represented yourself.

Attorneys maximize your settlement by:

• Investigating every party that may be responsible for your injuries
• Preserving evidence and obtaining documentation, the insurance company would rather you didn’t see
• Calculating every damage you incurred and will continue to endure in the future
• Negotiating with insurance companies that know they can’t push around an experienced attorney
• Willingness to go to court and try your case in front of a jury
• Handling all the deadlines and paperwork while you focus on recovering from your accident

You shouldn’t have to fight the insurance companies alone. Truck accident attorneys do this every day. They know how to calculate your case value. They’ve negotiated with insurance companies hundreds, if not thousands of times before. And they know how to hold negligent parties accountable.

Don’t level the playing field. Stack the odds in your favor by hiring a professional on your side.

Talk to a Truck Accident Attorney Now

You’ve made it this far. You now have a basic understanding of how truck accident compensation works and what your claim could be worth.

It’s one thing to have that knowledge. It’s another thing to actually do something about your wreck.

You shouldn’t have to go through this process alone.

America’s Truck Accident Network connects injury victims to local truck accident lawyers who will fight tirelessly to maximize your recovery. They know how to calculate your maximum case value. They know how to stand up to insurance companies, and they know how to get you the compensation you deserve.

The trucking company has attorneys representing it. You deserve someone on your side just as passionate about protecting your best interests.

Visit our main page to connect with an attorney today for free.

A consultation won’t cost you anything, but waiting too long could cost you everything.

Talk to a lawyer now.