Categories
TRUCK ACCIDENTS

What Is the Average Settlement for an 18-Wheeler Accident?

18 wheeler accident red truck collision middle of road

18-wheeler accidents can be devastating. If you’re injured after a truck crash, or you lose a loved one in a fatal collision, here’s how 18-wheeler accident settlements work, and whether there’s an average settlement for 18-wheeler accidents.

Causes of 18-Wheeler Accidents in Texas

Every vehicle crash is different, but there are a few common causes of 18-wheeler accidents in Texas, including:

  • careless driving e.g. careless lane changes
  • carrying excessive or unsafe loads
  • driving while fatigued
  • driving under the influence of drugs or alcohol

You may have a personal injury claim if you can show that:

  • The truck driver was negligent. Negligence means the trucker drove carelessly or recklessly in some way.
  • You were injured in a crash. You must show there was an accident and that you were injured as a result.
  • The negligence caused the crash. If it’s the driver’s fault that the accident happened, they can be held liable for your injuries.

In some cases, other parties may also be to blame, such as the trucking company or even the vehicle manufacturer.

Injuries from 18-Wheeler Accidents

18-wheeler accidents can cause severe or even fatal injuries, especially if there’s an impact or they occur at speed. Injuries include:

  • bone fractures
  • facial or bodily disfigurement
  • head injuries
  • internal organ trauma
  • limb loss
  • nerve damage
  • paralysis

Even accidents at low speeds may cause significant harm due to the size and weight of 18-wheeler trucks.

White truck side collision with blue car property damage

18-Wheeler Accident Settlements

If you have a compensation claim for a trucking accident, here’s whether there’s an average settlement amount you can expect and how damages are calculated.

What Is the Average Settlement for 18-Wheeler Accidents?

In Texas, there’s no such thing as an average payout for 18-wheeler accidents, because every case is unique. That said, truck accident payouts can be higher than with other vehicle accidents, because the injuries are often more severe.

Our lawyers can only tell you how much your case may be worth after they:

  • assess the evidence
  • determine who is at fault for your injuries
  • consider legal precedents e.g. past cases
  • calculate all the losses you have suffered e.g. lost wages, ongoing medical care

After a free initial consultation, our attorneys can advise if you have a claim and, roughly, how much it might be worth.

How Is Compensation Calculated?

Although there’s no average settlement for 18-wheeler accidents, there’s a process for valuing claims. To calculate damages, we consider these important factors:

Your Injuries

More serious and complex injuries are usually worth more in compensation than minor damage e.g. cuts and bruises.

Fault

In Texas, if the injured person is 50% or more to blame for the accident, they can’t claim damages. If they’re less than 50% responsible, damages depend on the degree of responsibility. So, for example, if you’re 10% to blame for the accident, 10% is deducted from your award.

Property Damages

Any damage to your vehicle will be considered as part of your overall claim for compensation. You can take your car to have the damage valued or an insurance loss adjuster will make the determination.

Other Damages

There are other non-economic and economic damages you might claim, depending on the nature of your case, including:

  • emotional distress and PTSD
  • lost wages
  • medical treatment
  • ongoing care costs
  • pain and suffering
  • rehabilitation costs

If there’s a fatality, damages might also include costs such as funeral expenses.

Claiming 18-Wheeler Accident Compensation

The first step to claiming damages is contacting a truck accident attorney. At AK Law Firm, our lawyers have the experience to guide you through the entire process, one step at a time. If you hire us, you can expect the following services from the team.

  • We will carefully evaluate your case and determine if you have a claim.
  • After reviewing the evidence, we can estimate how much your case could be worth.
  • We will negotiate with the at-fault party to get you the most compensation possible.
  • If no fair offers are forthcoming, we will file a lawsuit and take your case to trial if necessary.

You can expect our truck accident attorneys to fight hard for the compensation you deserve, even if you only have minor injuries.

Time Limits for 18-Wheeler Accident Settlements

In Texas, you only have a certain amount of time to make a personal injury claim. Typically, the time limit is two years from the date of the truck accident. The date may be different if there’s a death or there’s a minor involved.

In all cases, it’s best to seek legal advice as soon as possible after an 18-wheeler accident. Contact our team urgently if you’re approaching the deadline for making a claim.

How to Maximize Your Compensation Claim

While no one can guarantee how much your claim is worth, there are steps you might take to strengthen your case.

    • Take pictures of the scene. Try to capture evidence such as property damage, road conditions, and even dashcam footage if it’s available.
    • Record your injuries. Again, it’s best to take pictures of your injuries as soon as possible if you’re able to do so.
    • File an accident report. A police report can help your truck accident lawyer prove who is responsible for your injuries.
  • Get medical help. If you’re injured at all, however minor the damage might seem, visit your doctor or go to hospital. Your medical records can help to support your claim.
  • Keep records. Keep receipts for any losses e.g. medical expenses and make a note of lost income from time off work.

Contact 18-Wheeler Accident Attorneys in Texas

If you’ve been injured in a truck accident in Texas, contact our personal injury lawyers without delay. At AK Law Firm, we’re passionate about fighting for the damages our clients deserve. We’ll treat your case with care and dedication every step of the way, and we will do everything possible to get you a fair settlement.

Our 18-wheeler truck accident lawyers work on a no win, no fee basis, so you don’t pay us anything unless we win your case. To arrange a free initial consultation with an experienced truck crash attorney, contact AK Law Firm.

Complete our online form or call us today on (832) 699-5559 to get the compensation you deserve.

Categories
Personal Injury

What to Do When You Suffer an Injury at Work in Texas

Working in Texas can be dangerous, with several risks to employees’ health and safety. Injuries can range from minor cuts and bruises to more severe accidents such as falls or other workplace-related accidents.

If you suffer an injury at work in Texas, it’s essential to understand your rights and the ways you can get help to recover quickly.

Two Ways You Can Collect Damages in a Workplace Accident in Texas

If you have suffered an injury in a workplace accident, you may be entitled to receive damages in two ways. 

The first is through a claim to the Texas Workers’ Compensation Commission (TWCC). 

The second way to collect damages from a workplace accident is through a lawsuit. To file a lawsuit in Texas, the injured employee must provide evidence that their employer acted negligently, which led to their injury.

They must also file the suit within two years from the injury’s date or the date they were informed of the injury. An attorney specializing in worker’s compensation can guide you on pursuing the lawsuit best and represent you in court if needed.

What to Do When You Suffer an Injury at Work in Texas

How to File Under Texas Workers’ Compensation Commission

1. Notify Your Employer

The first step after you suffer an injury at work in Texas is to notify your employer immediately. This ensures that your employer is aware of the incident and can begin taking any necessary steps to prevent similar accidents.

Furthermore, informing your employer as soon as possible also ensures that any needed medical care or treatment can begin immediately.

2. File an Injury Report

It is important to file an injury report to document the details of the accident. All employers must have an injury reporting form on-site to capture your information. It would be best if you also alerted your supervisor to the specifics of your injury so it can be recorded in the company’s accident log.

3. Access Medical Care Quickly

Once you’ve reported your injury to your supervisor and filed an injury report, it’s important to seek medical care as soon as possible. Be sure to keep all records of the medical attention you receive, as this will be necessary if you decide to file a workers’ compensation claim later.

4. File a Worker’s Compensation Claim

When you suffer an injury at work in Texas, you can file a workers’ compensation claim to help cover the costs of medical care and lost wages.The affected employee must fill out a Texas Workers’ Compensation Commission (TWCC) form to file a claim. The form provides information on the accident’s date, the accident’s description, the accident, the location of the accident, and the details of the injury. 

In addition to providing information on the TWCC form, the employee must also provide medical documentation of the injury or illness, medical expenses, and lost wages incurred due to the accident. 

The time limit to file a worker’s compensation claim in Texas is one year from the injury or the date you became aware of the injury. You must also be able to provide evidence that your injuries were a direct result of your employment activity.

5. Contact an Attorney

If you are still determining how to proceed with your claim, you should speak with an attorney specializing in workers’ compensation. A workers’ compensation attorney can help evaluate the validity of your case and can guide how to build a successful claim best.

How to Sue Your Employer for Workplace Injury in Texas

When filing a lawsuit for a workplace injury in Texas, there are several steps an individual must take.

First, the injured employee must provide evidence that their employer acted negligently, resulting in their injury. This can include documentation such as workplace communication, doctor’s notes, medical statements, prescription receipts, and pay stubs from employers. 

Once all necessary documents have been gathered, the individual must file the lawsuit at the relevant courthouse. This requires creating a legal document, known as a complaint, that outlines the employee’s legal claim against their employer.

Settlement negotiations are an attempt to reach a mutually agreeable resolution without having to go to court.

What to Expect When You Go to Trial for a Work Injury Claim

If a work injury lawsuit in Texas proceeds to trial, both parties can present their case to a judge or jury. During the trial, the injured employee will be responsible for proving that their employer acted negligently and, as a result, caused the injury.

This can include providing witness testimony, documenting expenses related to the injury, and other relevant evidence.

The defendant (the employer) may attempt to disprove the employee’s claims or offer evidence to prove that their negligence was not the cause of the injury.

They may also present evidence to prove that a pre-existing medical condition caused the employee’s injury or that the employee was not following safety protocols.

At the end of the trial, the judge or jury will render a verdict in the case.

What to Expect When You Go to Trial for a Work Injury Claim

Conclusion

If you suffer an injury at work in Texas, you must take the necessary steps to document the incident and get help quickly. Have you suffered an injury, and someone’s liable? Let us help you. Here at AK Law Firm, we specialize in assisting clients in receiving the compensation they deserve after an injury. Our experienced accident lawyers in Houston, TX have the expertise and resources to help you win your case and get the justice you deserve