How Often Do Truck Accident Cases Go to Trial in Texas?
While any car accident can have life-changing consequences, crashes that involve a semi-truck or commercial vehicle are even more likely to result in catastrophic injuries simply due to the truck’s size. Determining who is responsible for your injuries can also be especially challenging, as the trucking company employing the driver may be responsible, especially if they made choices that put profits before safety.
For these and other reasons, semi-truck accidents go to trial in Texas relatively frequently, particularly when the people who hurt you refuse to take responsibility for their actions or long-term medical care is required. However, that does not mean that reaching a fair settlement before trial is impossible.
Either way, you will want an experienced Texas truck crash lawyer who can guide you through the complex claims process and, if necessary, litigation. Will Adams Law Firm has decades of experience working aggressively to uncover wrongdoing on the part of the trucking company, fighting for the support our clients deserve, and guiding them through the settlement or process. Keep reading to learn more.
Can I Sue the Trucking Company?
Several different parties may be fully or partially at fault in a semi-truck accident. This can include people or companies not directly involved in the crash, such as trucking companies, truck manufacturers, mechanics who failed to properly maintain the truck, companies that improperly loaded the truck, or more, depending on your situation.
If the driver is an employee of a trucking company, you would typically seek damages from both parties; trucking companies are considered legally responsible for the negligent actions of their employees according to Texas law.
Furthermore, since trucking companies are typically required to carry much higher insurance coverage minimums than individual drivers, suing a trucking company that may be at fault for the accident can significantly improve your prospects of receiving compensation that covers all your needs.
However, to get a clear understanding of who is responsible for your injuries, it’s in your best interest to speak with an attorney as soon as possible.
What to Expect From the Claims Process After a Semi-Truck Accident
The claims process following an accident with a large truck is more complex than it is for a typical motor vehicle accident, and typically takes longer to settle.
During the claims process, you (or, ideally, an experienced attorney) will negotiate with the trucking company and its insurance company in an attempt to achieve a fair settlement.
Remember, claims adjusters will likely want to talk to you, but they do not have your best interests at heart. Their goal is to reduce the terms of your settlement as much as possible. Do not apologize for the accident or accept any blame, do not provide unnecessary personal details, and do not give any statements about the accident beyond the basic facts (who, where, when). Hiring an attorney to communicate with the trucking company and their insurance provider on your behalf can help you avoid making costly mistakes.
Again, the claims process can be time-consuming due to the number of parties that may be involved, the seriousness of the damages you’ve suffered, and the amount of evidence that must be collected and considered.
Unfortunately, the trucking company itself may be in possession of critical evidence you would need to support your personal injury claim. This includes driver rest logs, maintenance records, data from the truck’s computer, and more. Trucking companies also typically have aggressive and well-prepared legal teams who will fight to minimize the size of any settlement you receive.
If a fair settlement cannot be reached, the best decision may be to take your case to trial. Because you will likely be going up against a big company with a strong legal defense team, you are going to need expert representation of your own if you want to maximize your chances of getting the compensation you deserve.
How Are Settlement Values Calculated for Semi-Truck Accidents in Texas?
Settlement values for semi-truck accidents are determined by aggregating economic losses, such as medical expenses and lost wages, with non-economic damages like pain and suffering. The final amount depends on the severity of injuries, the number of liable parties—including drivers and trucking companies—and the availability of preserved evidence. Understanding these variables is essential for victims seeking full compensation for financial, physical, and emotional hardships resulting from a collision.
Understanding Economic Damages
The foundation of any semi-truck settlement is economic damages, which are the objective, quantifiable financial losses resulting from the accident. These are typically divided into two categories: past and future.
Medical Expenses: This includes every cost from the moment of the crash, such as emergency room visits, surgeries, and hospital stays. However, semi-truck accidents often cause catastrophic injuries like traumatic brain injuries or spinal cord damage, requiring a lifetime of care. A comprehensive settlement must project these future costs, including long-term rehabilitation, home modifications, and specialized medical equipment.
Lost Wages and Earning Capacity: If you are unable to work during your recovery, you are entitled to the income you lost. If your injuries result in a permanent disability that prevents you from returning to your previous career or working at all, the settlement must account for your “loss of earning capacity.” This is a complex calculation that considers your age, career trajectory, and inflation.
Non-Economic Damages: The Human Cost
While bills are easy to add up, the emotional and physical toll of a truck accident is more subjective. These are known as non-economic damages.
Pain and Suffering: This compensates the victim for the physical pain endured during and after the accident. Because there is no “receipt” for pain, insurance companies and attorneys often use a multiplier method (multiplying economic damages by a number between 1.5 and 5) or a per diem rate to reach a value.
Loss of Consortium and Enjoyment of Life: A truck accident can fundamentally alter your relationships with loved ones or your ability to enjoy hobbies and daily activities. In the most tragic cases involving a fatality, families may seek compensation for funeral expenses and the loss of companionship.
The Complexity of Multiple Liable Parties
Unlike a typical passenger vehicle accident where only the other driver is usually at fault, semi-truck accidents involve a web of potential defendants. The more parties involved, the more insurance policies may be available to cover a high-value claim.
- The Truck Driver: For errors like speeding, fatigue, or driving under the influence.
- The Trucking Company: For negligent hiring, failing to monitor driver hours, or pressuring drivers to bypass safety regulations.
- Cargo Loaders: If a trailer was improperly loaded, causing it to tip or preventing the truck from stopping in time.
- Maintenance Providers: If a mechanical failure—such as brake or tire blowouts—occurred because a third-party shop failed to perform its duties.
The Critical Role of Evidence Preservation
The value of a settlement is only as strong as the evidence supporting it. In the trucking industry, much of this evidence is digital or temporary. Electronic Logging Devices (ELDs) track how long a driver has been behind the wheel, and black boxes (Event Data Recorders) capture speed and braking patterns at the time of impact.
By law, trucking companies are only required to keep many of these records for a short period—sometimes as little as six months. To prevent the destruction of this data, an experienced attorney will send a “spoliation letter.” This legal notice demands that the company preserve all evidence related to the crash. Without this letter, crucial proof of negligence could be legally destroyed, significantly lowering the potential value of your settlement.
RELATED: What Is My Truck Accident Claim Worth in Katy, Texas?
What Is the Average Semi-Truck Accident Settlement?
Due to the wide variety of factors involved in calculating the settlement amount, it’s very difficult to estimate an average without understanding the particulars of your case.
Although there are several online calculators designed to provide a rough estimate of what your settlement amount might be, we do not recommend you rely on them. There are many factors they are unable to consider. Our law firm has successfully helped clients resolve truck crash cases throughout the state of Texas. Our team of truck accident attorneys know how to correctly calculate the value of your case and fight to make sure you get the compensation you need to recover.
Should I Take the Settlement? Or Should I Go to Trial?
There can be many advantages to settling out of court. You will get a guaranteed payout relatively quickly, without the risk of an unfavorable ruling at trial, or simply waiting months or years to receive any compensation in the settlement process.
However, it is important to understand that accepting a preliminary settlement offer often isn’t the right choice, especially if you haven’t yet consulted with an attorney. While taking the settlement may be tempting (especially with bills piling up) the last thing you want is to accept an amount that is woefully insufficient to provide for your long-term needs, and far lower than what you deserve.
In the early days and weeks following a crash, many victims underestimate their future medical expenses, the long-term psychological impacts of their injuries, and how long they will be out of work. And without a thorough and independent investigation, it’s very possible that the trucking company will withhold important evidence that could strengthen your case.
Furthermore, settlements are final, and by settling you permanently give up your right to take further legal action or increase the amount of your compensation, even if the settlement amount proves to be completely insufficient or new evidence comes to light.
For these reasons, you should always consult with a Texas truck accident lawyer as soon as possible after your accident to determine your legal options. Offer legal advice, and recommend a wise course of action.
Will Adams Law Firm Is Ready to Fight for You
The dedicated and compassionate personal injury lawyers and support staff of Will Adams Law Firm have more than 25 years of experience supporting clients through devastating, complex semi-truck accident claims and fighting for the compensation they are entitled to.
We pride ourselves on our persistence and thoroughness with the time-consuming process of uncovering insurance coverage requirements, gathering evidence, determining liability, building the strongest possible case, and holding those at fault accountable. Your recovery is always our top priority, whether that means negotiating a fair settlement or aggressively defending your interests at trial.
If you’ve recently been injured or lost a loved one in a truck accident in Texas and need legal representation, contact our office today at 1-800-559-0593, or by completing our online contact form.
We look forward to speaking with you!
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
