The average semi truck accident settlement is not a number that is easily figured out because it varies by case. Although settlements involving semi truck accidents are typically higher than car accident settlements, there are several factors that must be taken into account once an incident has occurred. Because so many different parties are involved in these type of accidents (truck driver, driver’s business, owner of the truck, manufacturer of parts of the truck, car driver, etc) and they all usually share some form of liability, laws regarding comparative negligence will sometimes apply.
It is not uncommon for victims of semi truck accidents to be compensated by the semi truck’s company. The compensation typically covers lost wages, any medical bills or expenses, repair or replacement of the car if it was damaged or totaled, and any form of emotional injury that was sustained. As expected, any kind of permanent or severe injury that is sustained in the accident will result in more compensation.
If punitive damages occur, that means the accident was due to negligence on the semi trucker’s behalf and will result in even higher compensation. Punitive damages are also determined when a trucker is found guilty of intentional harmful behavior. If they were trying to cut off a car, intimidate a car into moving into another lane or some other form of harmful behavior and an accident occurred, punitive damages will be awarded. If the semi truck driver was tailgating the car and did not stop in time to avoid hitting it, punitive damages will also be declared (sometimes immediately).
The company or business the at fault semi trucker is an employee of will be held negligent for damages incurred by the truck driver if he or she was tired or sleep deprived as a result of working with no mandatory legal break. Although the business or company is not exactly at fault for its driver’s actions (not taking his or her break), the company or business is at fault for hiring an irresponsible and negligent driver.
Contact a Lawyer
If you have been a victim of a semi truck accident and are wondering if you can receive compensation, you should consider contacting a trucking accident lawyer Colorado residents recommend. Even if you were the negligent driver or found at fault, you may still receive compensation if the laws surrounding comparative negligence are placed into your case. You will still receive compensation, but the percentage of you being found negligent will be taken out. If you are found 15 percent negligent, you will only receive 85 percent of the compensation you could have been awarded.
Thanks to our friends at Cannon Hadfield Stieben & Doutt for their insight into truck accidents.