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There’s No True Average Settlement for a Commercial Vehicle Accident in Houston & Here’s Why

Data from the Federal Motor Carrier Safety Administration (FMCSA) indicate that Texas has the highest number of serious commercial truck and bus accidents of any state in the U.S. However, each one of these accidents can differ significantly in value. This is because the value of a claim is not something that is predetermined; instead, it is based on the actual damages and losses incurred by accident victims.

These damages can include:

Medical bills, including everything from hospital stays to surgeries
Long-term rehabilitation
Lost wages
Loss of earning capacity
Pain & suffering
Mental anguish
And more

Calculating the value of a claim requires a careful accounting of all damages, including estimated long-term expenses, to come to the appropriate amount. At no point in the process does it matter what an “average” claim is worth. All that matters is what yours is worth.

Even after you have a sense of the value of your claim, you may still face additional variables that impact your total compensation, including the parties who are held liable for your damages and the insurance policies they carry.

Who Can I Sue?

Commercial vehicle crashes can involve a wide range of vehicles, including buses, delivery vans, taxis, rideshare vehicles, cement trucks, semi-trucks, and others. With each type of vehicle, different companies or individuals may be legally responsible for your injuries and the compensation you pursue.

For example, in a delivery van accident, you may have grounds to sue:

The driver
The company operating the vehicle
The vehicle or parts manufacturer
And others

You must determine whose negligence caused the accident, keeping in mind that it can be more than one individual or entity, by proving that:

The other party owed you a duty of care to operate the vehicle safely and follow traffic and safety laws.
They violated that duty by making an unsafe lane change, following too closely, ignoring traffic signals, or the like.
That violation is what caused the accident.
The accident led to your losses (for example, medical bills, lost wages, and other related expenses)

If you are able to build a strong case based on evidence showing all of these things to be true, then you are on the right path to recovering a fair settlement from the appropriate defendant(s).

What Is a Reasonable Settlement Offer?

While the total amount of damages is the amount you should seek to recover in compensation, you will receive settlement offers from insurers that may not be this full amount. Fair compensation should account for all immediate and long-term economic damages, along with non-economic damages (pain & suffering, loss of enjoyment of life, etc.), to ensure you are fairly compensated for your losses.

Unfortunately, what an insurance company deems to be “reasonable” may be far from what is truly fair and reasonable. This is where we recommend leaning on the experience and insight of your commercial vehicle accident lawyer.

While it may ultimately make sense to accept a settlement offer that does not cover 100% of your damages, this should be done carefully and with an understanding that the insurance company’s first priority is paying you as little compensation as possible, not the amount you deserve.

What Actually Increases My Settlement?

While the value of your claim, when calculated correctly, is not necessarily malleable, there are things that can help you recover more compensation, including:

A Strong Claim Based on Evidence: When you have comprehensive documentation proving liability and validating the value of your claim, it greatly improves your leverage in settlement talks.
Additional Liable Parties: In some commercial accidents, multiple parties can share fault, which can increase the total amount of compensation you are able to recover if you are facing policy limits.
Evidence of Gross Negligence or Regulatory Violations: If you can prove the other party was grossly negligent or violated relevant rules (e.g., FMCSA’s “hours-of-service” rules) then there may be grounds for additional, punitive damages.
Legal Representation: Working with a commercial vehicle accident attorney can help ensure that you do not leave money on the table or that you are not taken advantage of by insurance companies.

Since this will be your only chance to recover the compensation you need and deserve, it’s critical that you do everything you can to maximize your claim.

When Will My Case Settle?

Commercial vehicle claims often take longer to settle than a typical car accident claim due to their complexity. The length of time can be exacerbated by how in-depth the investigation is, how many defendants there are, and how much evidence is available.

Some commercial vehicle claims can be resolved in a few short months, while others can take years to settle, especially in cases involving catastrophic injuries or wrongful death. The pace of medical treatment, along with the insurer’s responsiveness and willingness to negotiate, are also key factors in the timeline of a settlement.

While it can be hard to wait, it’s important to recognize that rushed settlements typically favor the insurer. If you are able to have patience and take the time to fight for what you deserve, it often yields dividends.

You should always be in close communication with your attorney to get a sense of how things are progressing and what delays could slow things down.

Should I Accept the First Offer?

In almost every case, you should not accept the insurance company’s first settlement offer. These initial offers are usually lowball amounts designed to protect the insurer’s bottom line by paying far less than your claim is worth.

If you do accept this offer, it will bar you from any future litigation related to your damages. You should only accept an offer once you have a very clear understanding of how much compensation you deserve.

How Do Liens (Hospital/Insurer) Affect My Settlement?

If you wait to recover the compensation you deserve, a reasonable question is: “How am I going to pay my medical bills until then?”

The answer, in some cases, is through liens or subrogation rights, which are applied by hospitals, health insurers, and other parties against your settlement to recover their costs before you receive the remaining amount.

In Texas, we are often able to negotiate these liens down, which can increase the total amount you receive. However, failing to address liens appropriately can lead to delays in compensation disbursement and potentially legal issues post-settlement.

Again, this is an area where you should lean on the experience of your attorney to ensure all liens are handled properly.

Contact Patrick Daniel Law Today for a FREE Consultation

Commercial vehicle crash claims are, unfortunately, not the simplest claims to navigate. From the seriousness of injuries to the multitude of potential defendants, winning the compensation you need and deserve requires a strategic and meticulous approach.

Many people will search for the “average settlement for a commercial vehicle accident in Houston” because they want a quick way to gauge what their case might be worth and whether the insurance company is treating them fairly. The problem is, no average can account for your specific injuries, losses, and the strength of your case. That is why the commercial vehicle accident attorney at Patrick Daniel Law is here to help.

If you have been in an accident and are trying to determine how to protect your rights and ensure you recover a fair amount of compensation, contact our team for a FREE case evaluation.

Average Settlement for a Commercial Vehicle Accident in Houston