What is The Average Settlement For a Semi Accident Lawsuit?

If you are a Washington truck accident victim, it can take a significant toll on your mental, physical, and financial well-being, especially if you don’t hire a lawyer to help you support you in receiving a fair and reasonable settlement. If you try to settle the case yourself, the truck driver’s and company’s insurance companies will offer you the least amount possible to “make you go away,” if they offer anything at all.

Dealing with a trucking company after you’ve been in a trucking accident can sometimes feel like an uphill battle. Trucking companies often have large legal teams and insurance adjusters working to protect their interests, which makes it even harder for individuals seeking compensation. Working with a Washington truck accident attorney can be invaluable in navigating the complexities of these situations and ensuring that you receive fair and reasonable compensation. McPartland Law Offices stands by you during this challenging period and provides the essential information to safeguard you and your loved ones amidst these trying circumstances.

Are You Getting a Fair Settlement in Your Washington Semi-Truck Accident Lawsuit?

How much might you be compensated if an 18-wheeler hits you? There is not a specifically clear answer to this, as it depends on several factors, including the types of injuries you suffered and whether those injuries cause long-term or permanent disabilities.

Average Truck Accident Lawsuit Settlement Amount in Washington State

Determining a semi-truck accident settlement amount depends on the type and extent of your injuries and whether you were partially at fault for the accident. Large truck companies often have upwards of $750,000 to millions of dollars in insurance coverage to cover serious injuries, such as traumatic brain injuries, and wrongful death claims that are common in truck accidents.

Because of the size of the vehicle, medical treatment may be ongoing for many months or years. An 18-wheeler accident settlement can include future medical care and medical costs, which a personal injury lawyer can help determine after reviewing the evidence and investigation. Often, law firms use expert witnesses to help determine a fair and reasonable settlement.

Understanding Your Damages and Injuries

Washington offers economic and non-economic damages for semi-truck accident lawsuits.

Economic damages have a monetary value and include:

• Current and future medical expenses
• Replacement or repair of personal property and your vehicle
• Lost wages and loss of future earning capacity
• Death-related expenses, including funeral, burial, and cremation expenses.

Non-economic damages do not have a monetary value and include:

• Pain and suffering, including emotional distress
• Inconvenience
• Loss of use of a body part or bodily function
• Amputation
• Disfigurement

Washington does not have a cap on compensatory damages, which means you can recover a fair and reasonable settlement.

Gathering Evidence of Your Semi-Truck Accident Damages

Your priorities after a truck accident are to ensure everyone is safe and obtain medical attention. However, if you are able, you should help accident investigators by gathering evidence that can help during settlement negotiations, including:

• Contact first responders
• Take photos of the accident scene
• Obtain phone numbers and addresses of any witnesses
• Start a journal, including your recollection of the accident
• Document medical bills

Starting a journal helps you remember what happened, as most people often forget important facts that could make or break a truck accident lawsuit. It also allows you to document your physical and emotional health during your recovery process. This documentation is often helpful if your injuries cause long-term or permanent disabilities.

Protecting Your Truck Accident Claim

After a semi-truck accident, you should not do certain things, including:

• Never admit fault, even if you believe the accident was partially your fault.
• Never deal with the trucking company, the driver or their insurance companies on your own. They use several tricks to “help” them deny your claim or create reasons to offer you a pittance.
• Never accept a quick settlement offer – this is one of the tricks insurance companies use. They’ll tell you the amount they are offering is all they can pay. In many cases, this is not true – they are hoping you’ll accept a fast settlement that won’t cost them much.
• Never post about the accident on social media, as insurance companies look for reasons to deny your claim. In fact, you should tell friends and family that you are taking a break from social media.

How is Fault Determined in a Semi-Truck Accident in Washington State?

Washington uses a pure comparative fault rule. This means that you recover a percentage of damages based on who is at fault. For example, if you are 20 percent at fault for the accident, you might only recover 80 percent of any awarded damages.

Fault is determined by proving four elements:

1. Each party to an accident has a legal duty of care owed, which requires everyone to act with “a standard of reasonable care” while driving.
2. One or more of the parties breached that duty, usually by breaking a traffic law.
3. The breach of duty caused injuries to one or more parties to the accident.
4. The accident victim suffered damages, such as medical bills, lost wages, pain and suffering, etc.

Types of Compensation for a Washington Semi-Truck Accident

Washington only allows you to recover compensatory damages for most personal injury claims, including economic damages and non-economic damages. State laws do not allow you to recover punitive damages; however, non-economic damages do not have a cap like in many other states.

How Are Pain and Suffering Damages Calculated in Washington State?

Pain and suffering, emotional distress, disfigurement, and other injuries that do not have a monetary value are considered “general damages.” Washington does not have a specific formula for determining pain and suffering and other general damages. They are calculated on a case-by-case basis. Thus, it is imperative that you have a truck accident attorney helping you with your semi accident lawsuit.

Insurance companies and courts can use different methods to evaluate what they believe is fair and reasonable compensation for general damages. However, if you are not careful or if you don’t have an experienced truck accident law firm helping you, you could end up with a settlement that isn’t fair to you.

Another consideration in determining general damages is how your injuries affect your ability to earn a living. For example, an amputated foot might not hinder someone with an office job but will prevent a construction worker from working.

How Do I File an Accident Report in Washington State?

If you are able to and no law enforcement is at the accident scene, you need to file an accident report within four days of a large truck accident. However, if the police are at the scene, the officer will file the report – you don’t need to. Know that it would be irregular for law enforcement not to respond to a crash scene involving a commercial vehicle. Moreover, if a commercial vehicle is involved in a crash, the Washington State Patrol Commercial Vehicle Division should be called to investigate. This is because there are specific investigations unique to commercial vehicles that should be undertaken.

After a truck accident, in many cases, your injuries will not allow you to file a report or give law enforcement your version of the events of the accident. When this happens, the officer has to rely on the truck driver to give his or her version of the accident.

In these cases, since the truck driver is going to try to protect his job and his company, the report may not be completely factual. A Washington truck accident lawyer obtains a copy of the police report as part of the accident investigation. Your account and witness accounts can discredit what the truck driver told the police.

Main Differences Between Commercial Semi-Truck and Car Accidents

Truck accidents have many differences than car accidents, including:

• Weight and size: A fully loaded truck can weigh up to 105,500 pounds, which is significantly more than a passenger vehicle, which weighs an average of 4,100 pounds. Because of their weight, they can cause serious and catastrophic injuries and fatalities.
• Maneuverability: Larger vehicles are harder to maneuver, which means they can’t stop on a dime or make tight turns.
• Load: If cargo isn’t loaded properly or tie straps loosen, a truck could lose the load, potentially injuring other drivers on the road. Dangerous cargo, such as flammable and explosive materials, can create deadly blasts or chemical exposures that could injure other drivers.

Truck accidents often involve more parties than passenger vehicle accidents. Truckers also have federal regulations by which they must abide. These factors make truck accident settlements more complex than passenger vehicle settlements. For example, truck accident defendants could include:

• The driver
• The trucking company
• A third-party dispatcher
• Truck repair technicians
• Inspectors
• Truck owners, if the driver or trucking company leases the truck

Truckers must also keep electronic logs, which can help prove the truck driver’s negligence. Many commercial trucks and other vehicles and companies that broker them also operate internationally. Identifying players for timely service is often more complicated than identifying players in a standard car accident.

How Trucking Companies Take Responsibility

Trucking companies and independent drivers must adhere to more stringent state and federal regulations, such as the hours-of-service regulations and other safety standards. They must also adhere to driver qualifications, maintenance requirements, inspections, and record-keeping. Failing to comply with these regulations can contribute to a trucker’s or trucking company’s fault and can impact how compensation is determined.

Why Partner with McPartland Law Offices for Semi-Truck Accident Lawsuit

When searching for someone to represent you after a catastrophic truck accident, look for a law firm with experience in handling truck accident claims, as these claims are more complex than regular auto accident claims. McPartland Law Offices has handled many truck accident claims.

Hear From Our Clients

“These guys are the best! They worked hard and got me the best settlement possible! I am forever great full! Definitely will recommend to everyone! Thanks guys I appreciate everything you did for me!” – Tracie H

“McPartland Law Office is great! Everyone will work tirelessly to help you and accomplish whatever needs to be done! Highly recommend using McPartland Law.” – Margaret S

How to Determine if You Need a Washington Truck Accident Attorney

If you suffered injuries or lost a loved one in an 18-wheeler truck accident, you shouldn’t have to fight your battle alone. Seeking legal advice and representation is essential to protect your rights and receive fair and reasonable compensation. After a Washington truck accident, consult with a personal injury attorney. Schedule your free case evaluation with McPartland Law Offices today.

Hire a Truck Accident Lawyer and Pursue Justice

McPartland Law Offices has been helping truck accident victims recover damages since 2012. Our mission has never been to turn a quick dollar but to ensure your rights are not violated, and you recover the compensation you deserve.

Our team of lawyers has your back when it comes to trucking accident settlements in Washington. Call us at 509-495-1247 today to schedule a free case evaluation.