Due to their size and weight, 18-wheeler accidents can cause significant injuries. Often, the insurance carrier quickly initiates the investigation process, with investigators talking to witnesses, taking statements, and starting to develop defense tactics. Determining liability in such cases can be complex, as several parties may share responsibility.
Accidents caused by an 18-wheeler can cause severe injuries—traumatic brain injuries, broken bones, spinal cord injuries, and more. These accidents can be truly life-threatening and life-changing for those who have sustained them. Sometimes, even death is the result of such 18-wheeler accidents.
Commercial truck accidents in Texas involve the application of modified comparative negligence laws. Under these laws, a person involved in a truck accident can recover damages from other at-fault parties as long as their own degree of fault is less than or equal to 50%.
How To Calculate Damages
Identifying the cause of a truck accident can be one of the biggest challenges you face. While initially it may seem that an accident was unavoidable, a thorough investigation may reveal that the accident was caused by negligence by the truck driver, the trucking company or a third party.
In Texas, the victim of an 18-wheeler accident may be compensated by more than one party. However, determining how to allocate fault can be difficult. Unlike typical car accidents, commercial truck accidents often implicate multiple at-fault parties. The truck driver, trucking company, maintenance workers, and other third parties may have had some involvement in the accident.
While no formula is set out by legislation, regulation, or policy in Texas, several elements are considered in the process:
- Your medical injuries play a major role in the value of your claim. If you’ve lost the use of a limb, suffered a traumatic brain injury, or need to undergo rehabilitation, all of these factors drive up the value of your claim.
- Have you lost income due to your accident? If so, your claim will consider the financial impact of this lost income.
- Non-economic damages, such as physical pain, emotional distress, and reduced quality of life, are difficult to calculate, but these so-called “pain and suffering” damages are included in the cost of the accident.
- Funeral bills: In the worst-case scenario, costs associated with a funeral and burial are included in the total calculation.
- Insurance coverage: The insurance coverage of the responsible parties will be considered.
- The comparative fault of the victim is also included in the compensation
Contact a Houston Personal Injury Lawyer
If you’ve been the victim of an 18-wheeler accident, the attorneys at Lopez Franco can help. We have many years of experience representing victims in these kinds of cases. Get the compensation you deserve. Contact us today for a free consultation.