Crashes involving commercial trucks, such as tractor-trailers, garbage or dump trucks, and delivery vehicles, are among the most severe and often result in higher settlements than collisions involving only passenger cars.
However, because these cases often involve more parties, they are also usually more complex. If you suffered injuries and other losses because of someone else’s negligence, contact a skilled truck accident attorney who has experience with Woodbridge truck accident settlements to learn more.
What Factors Influence Settlement Amounts?
The courts consider many factors when reviewing and determining the extent of liability and calculating settlements. This includes the severity of injuries and resulting disabilities, the strength of the evidence of negligence, and everyone’s actions leading up to the crash. When the victim sustains catastrophic injuries, such as spinal cord injuries or traumatic brain injuries, the payouts can often be substantial.
Fault is a significant component in determining the value of tractor-trailer crash settlements. Liability ascertains who is at fault, and that party is responsible for covering the damages.
State insurance laws follow a modified comparative fault rule, meaning that if more than one party is at fault, the court calculates damages based on the percentage of fault for each party. If it finds that the plaintiff is over 50 percent responsible, they will not be able to collect compensation.
Evidence of Liability
Proof of fault may include citations, the truck’s Event Data Recorder (or black box, which records a driver’s hours behind the wheel), and expert or witness testimony. For example, the Federal Hours of Service code sets the maximum time truckers may operate a vehicle in a single shift and over a single week.
Demonstrating that the trucker, their employer, or other third-party agencies violated federal or state law or acted recklessly strengthens the case and increases the potential award for damages. A Woodbridge attorney seasoned in handling settlements resulting from truck wrecks can answer specific questions after reviewing your case.
Negotiations and the Settlement Process
Whether the settlement occurs through insurers or through the civil court, a two-year statute of limitations applies, meaning you must file the petition within two years of the cause of action. More than 90 percent of cases settle through negotiations. Our lawyers, skilled at handling truck crash settlements in Woodbridge Township, could prepare and deliver a demand letter outlining the initial settlement offer and proceed from there.
We could handle all communication with the trucking company’s insurers and attorneys to protect your rights and interests and fight for the maximum potential payout. If we cannot resolve it, we could proceed to mediation or litigation.
Damages
The settlement typically falls within two primary categories. Economic damages cover the tangible losses you sustained as a result of the collision. This includes medical bills, ongoing healthcare services, devices, equipment, and prescriptions. Lost pay, benefits, and earning potential also fall within this category.
The second form of recoverable damages is non-economic, or subjective losses. This includes emotional distress, inconvenience, permanent disfigurement or disabilities, and pain and suffering.
Contact a Skilled Attorney To Learn More About Truck Accident Settlements in Woodbridge Township
A wreck involving a tractor-trailer is often traumatizing and may have lifelong consequences. When someone else’s negligence causes an avoidable collision, you have the right to initiate legal action and seek a payout from the liable person or parties. While settlements are often more substantial due to more injuries and other losses, the cases are also more complex.
Having the support of a qualified legal professional is essential. Contact Fredson Statmore Bitterman, LLC to schedule a free consultation with our skilled lawyers and learn more about Woodbridge truck accident settlements.
