After a truck accident, the trucking company and its insurance provider will try to settle your case. As parties uncover evidence and settlement talks start, the process may escalate and be dragged out. Generally, a truck accident settlement is more substantial than other accidents. Truck accident victims can get a settlement of at least $10, 000. But the exact amount depends on many factors like the seriousness of the injuries suffered because of the accident, the related medical expenses, the extent of the accident’s impact on the life of the victim, and the victim’s pain and suffering. If you are one of these victims, you should seek Legal advice from a respected truck accident lawyer to maximize your claim.
Comparative Negligence Laws in Kentucky
Settlement negotiations and court findings include determining the percentage of fault that can be assigned to each party involved. Your total monetary compensation will be reduced by your percentage of fault. For instance, if you sustained damages worth $100. 000 and you were found to be 50% at fault for the accident, the defendant will pay you $50, 000 if the accident only involves you and the other party.
What Can Affect Your Claim
Before you understand the type of compensation you must recover and what you may eligible for, you must consider the following:
- Liability. Liability affects who can pursue damages and who must pay for them. However, in truck accident cases, liability is usually contested. The reason is that liability in truck accident cases may not be clear, especially if several parties may be to blame for the accident. For example, if you collided with a speeding trucker, this party should pay for your damages. But if you failed to react on time as you were busy texting while driving, may have contributed to the accident.
Moreover, liability can be a problem if a third party is involved. For instance, the employer of the truck driver may also share the blame because of poor management practices or lack of training. The relationship between different parties involved in the accident and the way they contributed to it will significantly affect your legal strategy and your claim’s value.
- The seriousness of your injuries. If you sustained a collarbone fracture in the accident and could not report to work for two weeks because of the negligence of the truck driver, you may be eligible for damages for lost earnings and medical expenses. But if you suffered a permanent spinal injury, you may require several years of medical treatment. Also, there may be other expenses like service providers or caretakers, loss of quality of life, lost earning ability, and loss of companionship