On this page, we will look at the settlement payout value of truck accident personal injury cases.
Truck Accident Settlement Statistics
A recent Jury Verdict Research study of trucking accidents found that truck accident victims recover damages in 60% of personal injury trials and receive a median compensatory award of $90,000. I find the 60% number a surprise. With all the weapons plaintiffs’ lawyers have now to prove a case — and figure out if we have one in the first place — it is hard to fathom how we can lose 40% of these cases.
The average truck accident case involving a disc injury was $122,532. In contrast, the average median verdict in a head-on truck collision case in the study was $532,034.
This is trial verdict data. But it offers a lens into the settlement value of truck accident cases because the estimated case’s trial value is how settlements are calculated.
- Breaking down how settlement value is calculated in truck accident cases. Includes discussion of caps on pain and suffering damages and sample verdicts and settlements.
- How our Maryland truck accident lawyers maximize the settlement value (and trial value) of every truck case we handle
How to Increase the Settlement Value of Truck Accident Cases
Trucking companies want to maximize their profits. This often means cutting safety corners and trying to pay out as little as possible. With respect, trucking companies have a model that has served them well: delay, deny, defend. Some of this is just to hold on to their money a bit longer. But there is also a real tactical litigation reason to delay: much of the evidence to make plaintiffs’ case can disappear over time. That is why it is critical to get on these cases early.
Ultimately, the best way to maximize the trial and settlement value of truck accident cases is by applying the only thing insurance companies understand: pressure. We have seen settlement values go up over 20-fold because in cases where there is no dispute over responsibility just because the insurance company is feeling the pressure we are putting on them.
Press them on the insurance coverage and you have to dig for more coverage against these fly-by-night trucking companies by going after the broker and shipper.
Premium Truck Accident Settlements
It is also worth pointing out that a truck accident case should settle at a premium. What do I mean by that? With the exact same injuries, a truck accident case should be work more than a car accident case. Technically, if the focus is just on the harms and losses suffered by the victim, it should not matter how the injuries were caused and who caused them. But the real work is very different. First, there should be a slight difference notwithstanding the same injuries because getting hit by a truck is often more traumatic than getting hit by a car. But the bigger influence on the settlement value of truck accident cases is that is easier for a jury to give a higher award against a trucking company than a grandmother from Towson. This fact changes the trial value of the case which increases the settlement value of the claim.
Factors Influencing Settlement Value of Truck Accident Cases
There are a number of factors that have the most significant impact on the potential settlement value of an individual truck accident case. Below is a summary of the factors that drive payouts in truck accidents.
Severity of Injuries
The nature and severity of the plaintiff’s injuries is always the most significant factor impacting the settlement value of truck accident cases. More severe injuries (e.g., spinal injuries, traumatic brain injuries, or permanent disabilities) result in higher settlements due to significant medical costs, long-term care, and impact on quality of life. Minor injuries (e.g., whiplash or bruising) generally result in lower settlements.
Clear Liability
Clear liability increases the likelihood of a higher settlement. If the truck driver or company is clearly at fault, settlements tend to be higher. Shared liability or disputes about fault may reduce the settlement amount.
Defendant’s Financial Resources
The trucking company’s insurance policy limits and financial resources often impact settlement size. Commercial trucking companies typically have high policy limits, increasing the potential settlement value. Bigger commercial truck companies, like JB Hunt or Swift Transportation, also have extensive financial resources over and above their insurance policy limits.
Average Settlement Value Range for Truck Accidents
Minor Injuries: $20,000 to $100,000.
Moderate Injuries (e.g., fractures, surgeries, temporary disabilities): $100,000 to $500,000.
Severe or Catastrophic Injuries (e.g., paralysis, traumatic brain injury): $500,000 to several million dollars.
Wrongful Death Cases: $1 million to $10 million or more, depending on the deceased’s age, earning capacity, and other factors.
Truck Accident Settlements and Verdicts
- $12,000,000 Verdict (Pennsylvania 2024): The plaintiff was a pedestrian walking through a crosswalk at an intersection in Philadelphia when she was struck by a Penske utility truck. The plaintiff suffered extensive injuries to her back, hip and shoulder resulting in permanent mobility impairment and chronic pain. The injuries required extensive and long-term medical treatment. The $12 million verdict included a significant award for past and future pain and suffering.
- $11,629,000 Verdict (Florida 2024): The plaintiff was rear-ended by a JB Hunt tractor trailer which forced his vehicle to ram into the car in front of him. The plaintiff suffered very serious injuries that left him with permanent physical disabilities. The verdict included an award of $7 million for pain and suffering and $3 million for future medical expenses.
- $3,250,000 Settlement (Arizona 2024): A man in his 40s was driving on an interstate near Phoenix when he was fatally injured in a high-speed collision with a Swift tractor-trailer. The Swift driver was determined to be at fault, prompting the man’s family to file a wrongful death lawsuit. Swift ultimately agreed to settle the case for $3.2 million.
- $2,812,000 Verdict (Alabama 2024): A mother and daughter sustained injuries in a trucking collision. The mother suffered chronic back pain due to an annular tear, requiring extensive medical treatment and causing significant disruptions to her employment. Meanwhile, the daughter faced her own set of difficulties from the incident. Despite the defense’s efforts to shift blame onto a third party, the plaintiffs’ attorneys successfully secured a favorable verdict after declining a $400,000 settlement offer.
- $4,500,000 Verdict (Florida 2023): A 17-year-old girl was injured in a severe collision when a box truck sideswiped the vehicle in which she was a passenger. She sustained a disc herniation, a torn labrum, and a Bankart lesion in her shoulder, requiring two surgeries. Despite the insurance company disputing the connection between her injuries and the crash, a Jacksonville jury sided with her, awarding nearly $4.5 million in damages.
- $125,000 Settlement (New York 2023): A pair of minors suffered neck and back sprains when the vehicle they were passengers in was struck from behind by an 18-wheeler. The truck company, JB Hunt, agreed to settle their claims and filed for court approval.