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What Can I Claim in My Truck Accident Settlement?

As more commercial motor vehicles pass through Midland, more local drivers grow concerned. There are grounds for this worry, too. The statistics surrounding large truck crashes are disturbing. According to the Federal Motor Carrier Safety Administration (FMSCA), there were 475,000 police-reported accidents involving large trucks in 2016. During the previous year, there were approximately 4,000 deaths related to trucking accidents, and the majority of these fatalities were drivers in standard passenger vehicles. This data makes sense because semi-trucks weigh roughly 76,000 pounds more than the average passenger car.

If you were in a Midland trucking accident, you might be considering opening a case against the other driver. As you make your decision, the lawyers of Carabin Shaw are here to help.

How Do Texas Insurance Companies Handle Fault?

Like the majority of states, Texas insurers handle accident claims based on comparative fault. In this system, a factfinder or jury determines who is responsible for the accident. Typically, in comparative fault states, you would file a lawsuit directly against the other driver, though his or her insurance would handle the settlement. Midland truck accident lawyers want you to know you might end up filing a claim against any of the following:

  • Truck drivers: Driver error is the foremost cause of all motor vehicle accidents, and truckers are no exception. The reasonable person standard requires motorists to act with care, prudence, and sound judgment to protect the safety of others. If a trucker fails to uphold this standard, he or she is liable for your injuries.
  • Trucking companies: Carriers must hire responsible drivers with good records, follow federal regulations, and maintain their trucks. When they fail on any count, a lawyer can use the legal precedent respondeat superior to hold the company responsible for the actions of its employees.
  • Manufacturers: If a trucking accident is the result of defective vehicle design, manufacture, or testing, the manufacturer might owe you compensation.

We understand that these choices can be difficult to parse by yourself, which is why our attorneys are standing by. If you need help selecting the best route for your claim, connect with us today.

How Are Trucking Accident Settlements Calculated?

After a Midland trucking accident, you might ask, “What can I claim in my truck accident settlement?” A settlement is a formal arrangement to resolve an injury case out of court. It nearly always involves monetary compensation, which can be paid in installments or as a one-time sum. There is no set formula for calculating settlement value because each accident is unique. That said, a general rule is that the more severe the collision, the higher the payout will be. Semi-truck accidents are often serious, so the settlements are relatively high.

Your Midland 18 wheeler accident lawyers will consider two categories when estimating your settlement: special damages and general damages. Special damages are the quantifiable expenses you have because of your injuries. The more your injuries have cost you, the more you can expect to recover. These damages include:

  • Emergency room charges
  • General practitioner visits
  • Specialist visits
  • Medications
  • Future medical care
  • Lost wages

General damages, by contrast, refer to the non-quantifiable effects of the accident, such as pain and suffering. The bar for general damages varies from person to person and claim by claim, and your attorney will have to make a strong case in your favor.

Get in Touch with Midland Truck Accident Lawyers Today

After a Midland trucking accident, you need the best representation on your side. If you choose Carabin Shaw, that is what you will be getting. We offer first-time clients a free initial consultation. During this time, we will listen to you and answer any questions you might have. Additionally, all of our contracts are contingency fee, which means you won’t pay unless we win your case.

To reach our Midland attorneys, dial 432-620-0544 or toll-free at 1-800-862-1260.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

Client Reviews
We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
You want Carabin Shaw on your side after an accident. They were excellent. - Valerie S.
In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. - Amanda G.
The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.