If you or a loved one has been injured in a trucking accident, you may be searching the web to find an attorney for truck accidents, or to find out the average amount of a truck accident settlement in Florida. There are not a lot of truck accident specific statistics online, but, the average passenger car accident settlement is under $19,000. If this seems low to you, it is. This is because of the insurance laws in Florida.
The United States has two different types of insurance rules. They are called fault and no fault. In a fault state, the insurance company of the person who caused the accident is responsible for its associated bills. In a no-fault state, a driver’s insurance company will pay their bills no matter who caused the crash. No-fault states tend to have lower insurance payouts than other states.
According to the 1-800-Injured West Palm Beach office, Florida is one of only 13 no-fault states, and the insurance payouts tend to be lower but are made quickly. It should cover medical bills, childcare, and even maid service if you need it.
Trucking accidents are different from regular accidents because a truck driver possesses a higher level of responsibility than the average driver. When a truck driver has an accident, they are likely to cause much more damage than when two cars get in a crash.
According to the Federal Motor Carriers Safety Administration, the average cost of an accident involving a commercial truck that injures one person is $148,279. The National Safety Council estimates the average total cost of an accident involving personal vehicles is $78,900.
A personal car must be insured for $10,000 for bodily harm and $10,000 for property damage. A commercial driver needs much more insurance. The FMCSA requires truckers that drive vehicles carrying hazardous materials in a certain amount or those weighing over 10,000 pounds that drive across state lines to have $75,000 to $5,000,000 of liability insurance, depending on what they are carrying. Most trucking companies will have far more insurance than that.
How Insurance Payouts Are Calculated
There are a few different things an insurance adjuster will look at when trying to figure out the amount of money for your settlement. They will want to see your medical bills and physical therapy bills. Although they may refuse to pay for it, you should show them bills for any alternative treatments you may have had. Flotation therapy and cryogenic treatments can be very beneficial after an accident.
The insurance company may look at expenses you have had for help you have needed around the house, so be sure to save the receipts. Save receipts from any medications you have taken, whether prescription or non-prescription.
If you have missed work due to your injuries, have your boss write you a letter stating the number of hours you have missed from work. Be sure the letter includes the amount of money you lost due to those missed hours.
Pain And Suffering
Pain and suffering is a legal term that includes non-economic damages. Pain and suffering is only awarded in cases of very severe injuries. If you’ve been permanently disfigured, or if you are temporarily or permanently disabled, you may be able to receive this type of compensation. But, itt is harder to get in no-fault states. There is no set amount for pain and suffering, but it is based on the person’s economic damages.
If you have lost a loved one due to a trucking accident, you can sue the trucker or trucking company for wrongful death. You are entitled to compensation for funeral expenses, loss of income, and loss of family relationships.
Why You Need An Attorney
When you file an insurance claim, an insurance adjuster will investigate the case and let you know if they approve or deny your claim. If they approve your claim, they will make you a settlement offer. Before you take that settlement offer, you should always speak to a personal injury lawyer.
A personal injury lawyer will tell you if the settlement agreement is fair. If it is not fair, they can represent you in a lawsuit and negotiate with the insurance company on your behalf. If the insurance company still does not make you a reasonable offer, the attorney can represent you in a trial. However, almost all personal injury cases settle out of court.
A trucking accident can be devastating. There may not be a standard settlement amount, but a good lawyer can get you the money you need to recover comfortably.