18-wheeler accidents can be devastating, and people rarely get away unscathed. The level of property damage and injury alone can result in settlement amounts that are higher than a typical car or motorcycle accident. If an 18-wheeler has injured you, you need the help of an experienced Pennsylvania and Philadelphia truck accident lawyer with Rand Spear, The Accident Lawyer.
As one of the largest firms in the Pennsylvania and New Jersey area, we have invaluable experience fighting for those injured by others’ negligent decisions and behaviors. We have developed a reputation for caring for our clients and diligently working to secure the largest possible compensation on their behalf. When you have been injured, you should be able to focus on your physical recovery and trust us to handle your legal recourse.
Pennsylvania and New Jersey 18-Wheeler Accidents
Statistically, 18-wheeler accidents occur daily. The National Safety Council (NSC) reports that over 120,000 trucks were involved in accidents that caused injuries in the recent reporting year. Of those, 5,800 of them were involved in fatalities, and 73% of injuries occurred in occupants of other vehicles.
Pennsylvania and New Jersey fall in the middle of all US states in terms of large truck fatalities and injuries. The NSC Road User data reports 186 and 112 deaths for the two states, respectively. Both states fell below the national average for the percentage of injuries in other vehicle occupants.
Benefits of a Pennsylvania and New Jersey Truck Accident Attorney
Many people are hesitant to contact a truck accident attorney immediately after their accident. However, how a truck accident lawyer can help you after an accident is not insignificant. An experienced attorney may be the difference between a sub $1,000 initial offer from the insurance company and the possibility of recovering tens of thousands of dollars for your injuries.
An attorney may also be able to identify key pieces of evidence to establish the driver or trucking company’s negligence and increase the strength of your case. Most insurance companies do not want to take a case to court. This can result in a higher settlement offer when you present strong evidence.
Contributing Factors to Your 18-Wheeler Settlement
At an initial consultation, it will be nearly impossible to determine what your accident may be worth. Additionally, while you may be able to calculate the statistical average of an 18-wheeler settlement, the number still may not be in the ballpark of your case. There are nearly countless factors to consider when determining how much your case is worth.
Medical Bills
Medical bills are one factor used to determine economic damages. The amount can vary dramatically based on the type of injury and its severity. It may include future anticipated medical costs for significant or long-term injuries.
Injury Severity
The severity of your injury matters for two reasons. First, they typically correlate with the actual cost of your injuries. Second, the more severe your injuries are, the more likely they are to increase the cost of non-economic damages like pain and suffering or emotional anguish.
If your injuries include a long-term disability like a traumatic brain injury or limb amputation, this can dramatically affect the ending settlement number. This is due to the services needed to recover, the emotional cost of your new disability, as well as the need for additional support services to function in daily life.
Lost Wages
Lost wages are very commonly claimed. This may refer to the time you missed because you could not physically work due to your injuries, time missed for doctor’s appointments and follow-up, and any time you missed on the initial day of the accident. The value of this number will fluctuate greatly depending on the victim’s hourly rate.
If you are no longer able to work in the field you were in because of an injury, you may be entitled to a significant amount of compensation due to lost earning potential. An example of this may be if you worked as the CEO of a company, but due to a traumatic brain injury, you are no longer able to work in upper-level leadership. This shift will likely result in a significant loss of income throughout your life.
Evidence and Comparative Negligence Laws
The above factors may contribute to how much your settlement offer is, but if you don’t have the evidence to show the truck driver or other third party is liable, you may not have a case to settle. When we review the evidence of your case, it may bring comparative negligence laws into play as well, which can affect your payout.
Comparative negligence laws are not uncommon and act to balance liability and payout. Pennsylvania abides by modified comparative negligence per Title 42 of the Pennsylvania code, as does New Jersey, as stated by the New Jersey Department of Banking and Insurance. This means that your settlement may be reduced by your percentage of fault in the accident, and if you are found to be 51% or more at fault, you are ineligible to claim damages.
Insurance Limitations
Insurance policy limits may affect what you can recover from your insurance claim. You may still be able to file a separate lawsuit with a personal injury lawyer to cover the difference. The Federal Motor Carrier Safety Administration (FMCSA) provides insurance filing requirements ranging from $300,000 to $5,000,000, depending on the vehicle’s weight and the cargo type.
Contact an 18-Wheeler Accident Attorney Today
The injuries from an accident with an 18-wheeler can be catastrophic. When you are injured and vulnerable, you should not have to manage everything that comes with a settlement solely. So, reach out today and demand Rand.
With Rand Spear, The Accident Lawyer, you will receive a free case consultation, along with our no-fee guarantee. This allows you to focus on healing and recovering while knowing you don’t owe us anything until we recover compensation. Our firm is dedicated to giving you a positive experience and fighting for the compensation you deserve.
Call or text (215) 985-2424 or complete a Free Case Evaluation form