What Is the Average Truck Accident Settlement?

When in an accident with a truck, victims can suffer severe injuries. Not only are you dealing with the weight of those personal injuries, but you could also be suffering from a loss of income from being off work, and you have medical bills and other expenses starting to pile up.

If you are wondering just how much you could receive through a truck accident claim, the answer is complicated. The fact is, there is no average truck accident settlement because every accident is different. But an experienced personal injury lawyer can help you determine what your case could be worth.

Common Causes of Truck Accidents in Florida You Can Sue for

Across the nation, the Federal Motor Carrier Safety Administration (FMCSA) recently reported approximately 510,000 crashes in one year reported by law enforcement. Twenty-nine percent of those caused injuries, and 1% included at least one fatality.

Florida’s roadways see their fair share of those accidents. But that doesn’t mean the truck driver is always at fault. Some causes of truck accidents include:

  • Poor weather conditions
  • Inadequate maintenance of the truck
  • Faulty truck parts
  • An unbalanced load
  • Inadequate driver training
  • Driver fatigue
  • Distracted driving
  • Speeding
  • Driving under the influence of drugs or alcohol

Road conditions, poor vehicle maintenance, and driver negligence can all contribute to an accident.

Who Should Be Held Accountable for a Truck Accident?

Considering the variety of potential causes for a truck accident there may be more than one party held liable. Some individuals and/or companies responsible could include:

  • Truck driver
  • Truck owner
  • The company that employs the driver
  • Truck manufacturer
  • Truck part manufacturer
  • Mechanic
  • Repair company
  • Cargo loader and/or shipping company

You need an in-depth investigation by an experienced truck accident attorney and his, or her legal team to determine who was at fault and should be held accountable.

Big Trucking Companies Use Big Insurance Companies

Trucking companies have powerful insurance companies. You can count on their adjusters getting to work immediately on their case. Do not talk with them.

You need to contact a reputable local truck accident lawyer to deal with the insurance company and counter its claims through careful collection and evaluation of the evidence.

What Damages Can You Seek?

A large part of the value of your case comes from the injuries you suffered and the medical care required.

Medical Care

Your physical injuries fall under economic damage or the cost of repairing your body. This includes emergency medical care, transportation to the hospital, hospitalization, surgeries, x-rays and other tests, physical therapy and rehab, and prescription medications.

Ongoing and future medical care are also included here.

Loss of Wages

If you have suffered severe injuries, you could be out of work for quite some time. You can expect compensation equivalent to your wages while healing from your injuries.

Pain and Suffering

The emotional toll the accident has on you is hard to measure financially. However, an experienced truck accident attorney is familiar with assessing non-economic damages and is equipped to help put a value on this compensation to which you are entitled.

Here, you should also consider the loss of fulfillment in your life, a loss of companionship, and/or a loss of consortium.

Punitive Damages

If the truck driver was found to be driving under the influence or of some other form of extreme negligence or maliciousness, the court may award punitive damages. The aim is to punish the defendant to prevent a similar incident from happening in the future. Nonetheless, in Florida, a plaintiff may be awarded up to $50,000, or up to three times the amount of compensatory damages.

What If You Are Partially to Blame for the Accident?

Florida follows a pure comparative fault rule. Through this, even if you are found partially at fault for a truck accident, you can still file a suit for damages. If you win, your damages will amount to the other party’s percentage of fault.

For example, if you are found 25% at fault in an accident, you could still recover 75% compensation from the other responsible party.

How Can a Truck Accident Lawyer Help You After Your Accident?

As you can see, determining fault and appropriate compensation in a truck accident takes a lot of work. You should seek a legal professional who can dedicate their expertise, time, and resources to helping you resolve your case. An experienced truck accident attorney will:

  • Collect evidence
  • Interview witnesses
  • Deal with insurance companies
  • Calculate your damages
  • Negotiate for a settlement
  • Take your case to court, if necessary

No truck accident attorney can offer a guarantee on how much you will collect in damages and compensation. But an experienced one can examine your case and project an estimated figure you should be fighting for.

Florida’s Statute of Limitations in Truck Accident Cases

Every state determines its own statute of limitations for filing a personal injury claim which includes truck accidents. You have up to four years from the date of the accident to file your lawsuit in Florida civil court.

That may seem like a long time, but it is not. Truck accident cases are complicated and take a lot of time to investigate and prepare. As soon as you are able, you should contact a personal injury lawyer to look at your case.

How to Choose a Reputable Truck Accident Lawyer

You want an accomplished lawyer whom you can trust to be upfront and honest with you about your truck accident case. An experienced attorney should offer a free review of your case, which allows you the chance to get to know that lawyer.

Feel free to ask questions. After all, you are interviewing him, or her to handle your case. Some questions of concern could be:

  • How long have you been in practice?
  • Are you native to Florida, or how long have you lived here?
  • Are personal injury cases your primary focus or your only focus?
  • What are your fees, and when will you expect to be paid?
  • How experienced are you with truck accidents?
  • What types of financial awards have you won for your clients?
  • Why should I choose you to represent me?

At the Eltringham Law Group, we respect that you have questions, and we want to answer them. We have the experience and fortitude to take your case to the courtroom, if necessary. In preparation for your claim, we will follow our “Lighthouse” ® process, creating a customized strategic plan specifically designed for your case.

When and Where Can You Meet with Your Attorney?

Attorney David Eltringham is available to review your case 24/7 and when necessary, will meet with you at the hospital or in your home if you cannot travel to one of our local offices.

Contact us and let us set up your free consultation today!

What Our Clients Say

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Our clients love the personalized attention we give every case. Read what they have to say:

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I usually never leave reviews, good or bad, but for this instance, I most definitely had to. David and Marnie were both AMAZING. They made me feel comfortable and confident in their ability to resolve my case. I was walking in a crosswalk and was hit by a vehicle resulting in having to go to the hospital. I sustained injuries from this that I am still in the midst of dealing with. I contacted the firm and was able to speak with them via zoom immediately. I decided to sign with them on a Monday evening (3 days after my accident) and by Tuesday afternoon (the very next day) my case was settled. And settled for the very max that was able to be obtained. I attribute a lot of this to not only the expertise of the firm, but the relationships that Marnie has built with her experience working as a lawyer within a major insurance provider, which just so happened to be the insurance provider involved in my case. This is incredibly atypical for a case to be settled this quickly, especially with this outcome. It has been two weeks to the day today that my accident has happened and my case has already been resolved. I am blessed and more than happy that I decided to hire this firm. Every case is different, but I can bet that this firm will handle your case with care and the utmost professionalism. I pray I never have to go through a situation like this again, but if I did, I wouldn’t hesitate to call this law firm. Thank you guys very much!!

Shekeara

I highly recommend Eltringham Law Group to anyone seeking legal advice after having a car accident. David Eltringham and his entire staff gave me the personal attention I needed during a very difficult and painful time. David took the extra steps needed to ensure that I received the medical care I needed as well as the financial compensation I deserved. Harold Torres, Paralegal updated me every step of the way. Thank you Eltringham Law Group!

Laura Lauri

I had such a great experience with Eltringham Law Group! I was always kept in the loop and the experience was so personal. I was always in close contact with Teresa who was an absolute pleasure to work with. I would definitely recommend Eltringham Law Group again and again – I couldn’t have asked for a better experience!!!

Alex Peacock

Recent Case Results

$1.025M

RIDE SHARING

November 2021

$1M

COMMERCIAL TRUCKING ACCIDENT

March 2022

$600K

CAR ACCIDENT WITH MINIMAL VEHICLE DAMAGE

March 2022

$125K

SLIP & FALL

March 2022

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Working With Us

Lighthouse™ is a system unique to Eltringham Law Group – Personal Injury & Car Accident Attorneys, it’s what makes us different from other personal injury attorneys. We built this program to hold our own attorneys accountable and make sure our clients are getting the care and consideration they deserve.

1

Client Onboarding
Client Onboarding

The client meets with our Lighthouse Concierge Team to discuss the details of their potential case. A dedicated Lighthouse Team Member is assigned to the case to gather information and maintain constant communication with the client.

2

Investigation Case Analyzer
Investigation Case Analyzer

The assigned Lighthouse Team Member gathers and assess all information related to the case. A majority of the information is processed, paperwork is submitted and any questions/concerns the Lighthouse Team has for the client are clearly communicated and addressed.

3

Client Success Maximizer
Client Success Maximizer

The client meets with their Lighthouse Concierge Team Members to conduct a full review and explanation of the process. Both legal and medical records are reviewed and our team sets realistic and achievable expectations for the client.

4

Phase 1 Medical
Phase 1 Medical

The client is undergoing treatment at this point of the process and the Lighthouse Concierge Team maintains consistent communication to monitor the treatment scheduled. Additional medical referrals and testing may be required at this point if recommended by the current medical provider.

5

Phase 2 Medical
Phase 2 Medical

The client finalizes initial medical treatments that may include referrals to specialists, medical procedures, further testing and/or additional treatment recommendations by their medical providers.

6

Resolution or Litigation
Resolution or Litigation

The Lighthouse Concierge Team is in communication with those involved with and/or responsible for the damages incurred in your case. Two possible outcomes at this stage are 1) an achieved settlement agreement or 2) the inability to achieve a fair settlement that will result in the Eltringham Law Group filing a law suit on your behalf.

7

Post-Settlement Process
Post-Settlement Process

The case has completed and an agreement/resolution has been achieved with maximum in the best interest of the client. The Lighthouse Concierge Team meets with the client to fully explain the results and work diligently to finalize their case.