As leading Kentucky truck accident lawyers, we hear many questions from the public each and every day. One frequent question we receive is, “What is the average semi truck accident settlement?”
The reason people ask this question varies. Maybe some people doubt their injuries are serious enough to bother with a lawsuit. Or maybe they are badly injured and need to know what kind of compensation they can receive.
In reality, there is no average semi truck accident settlement. There are too many variables at play.
That being said, keep the following things in mind when you are thinking about your settlement.
Formulas are Only Sometimes Helpful
If you look around the Internet, you probably have found lawyers claiming that there is some magic formula they use. This formula usually takes your special damages and then multiplies them by 3 or 4.
Special damages in Kentucky include things like:
- Medical bills
- Lost wages
- Property damage
So if your special damages are $10,000, the formula would say you could get $30,000-40,000 in total compensation. An attorney might offer this number as a rough estimate, but you need to be careful.
Look at the Facts of Your Case
The purpose of compensation is to make up for the losses you have suffered, and truck accident victims in Kentucky can receive compensation for more than special damages.
You can also receive money to make up for intangible losses like:
- Emotional distress or mental anguish
- Pain and suffering
These general damages can differ wildly by case. For example, imagine two people got into a truck accident. Both required $10,000 in medical treatment and lost $3,000 in wages.
But one of the drivers suffered a large scar on her face, which is permanent. The other driver has no visible injuries. In this case, the driver with the scar might qualify for more compensation, because being disfigured in this visible manner is more traumatizing and results in more emotional distress. It is entirely possible that this client could get substantially more in general damages to make up for emotional distress than would another driver. So, in this situation, the formula doesn’t yield an accurate number.
DO YOU HAVE A CASE?
Speak with our truck accident lawyers during a free consultation.
Contributory Negligence
Another factor that impacts a client’s settlement is whether he or she is partially responsible for the truck accident.
For example, a driver might have made a dangerous left-hand turn right in front of a semi-truck. If so, then the driver bears at least some of the responsibility for the crash.
In Kentucky, a victim can bring a lawsuit even if she is partially responsible for her injuries so long as someone else is at least 1% responsible. This is called comparative negligence, which is discussed in Kentucky statute 411.182. However, under the statute, the victim’s financial recovery will be reduced by her percentage of fault.
As an example: if you are eligible to receive $100,000 in general and specific damages but are 40% responsible for the crash, you can only receive $60,000. For this reason, you need to carefully analyze your own accidents before the truck accident.
Harville Law Has Represented Many People Like You
After a Kentucky truck accident, you need solid representation in your corner. Contact us today. We offer a free case review, and you can schedule one by calling 502-272-9051.
When you need compensation, don’t settle for just anyone. Our firm has several decades of combined experience helping people just like you. Reach out today.
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