Truck accident cases often result in some of the biggest personal injury settlements in Iowa. This is usually due to the severity of injuries victims are likely to suffer when involved in a collision with such a huge vehicle.
However, the settlement process for a truck accident can be quite complicated, making it difficult for victims to seek compensation.
Whether it’s having to deal with various inter-state laws or handling massive road carnage that causes extensive property damage, victims can easily find themselves tangled up when trying to calculate the compensatory damages they are owed.
As such, truck accident law has almost evolved into a separate branch, which requires a lot more knowledge and experience than the average Iowa car accident lawyer may have.
However, in Des Moines, there is one law firm that has been handling such cases for many years now. When in need of an experienced truck accident lawyer, victims can call Tom Fowler Law to set up a free consultation. Our team also has insight on how car accident settlements are calculated in Iowa.
Settlement Calculations for Truck Collisions Vs. Car Accidents
What makes truck accident settlement negotiations so much more complicated than an ordinary car accident claim? This is a question many accident victims grapple with while seeking fair compensation for their economic and non-economic damages.
The first hurdle is often the severe injuries that are caused by truck collisions. It is common for victims to require extensive medical treatment and a lengthy period for physical therapy and dealing with emotional distress.
Next comes the issue of having to deal with multiple parties involved in the collision. If a truck accident results in a pile-up, the case can involve many different plaintiffs seeking compensation from the truck driver, which is not always the case with a simple Iowa car accident case.
Another thing that car accident victims do not usually have to worry about is not knowing who to sue for damages. In truck accident cases, it is not always just the driver who is the liable party.
Liability can be placed on any number of entities, such as the driver's insurance company, the manufacturer of the vehicle and its parts, the trucking company, trailer loaders, or whoever is responsible for safety inspections.
There is also the issue of dealing with a trucking company that is registered outside Iowa. This may result in having to deal with complicated inter-state laws regarding safety regulations or insurance coverage.
All these things serve to muddy the water, making it very difficult for victims or inexperienced attorneys to negotiate a fair car accident settlement value when a truck is involved. Such can be used true when figuring how motorcycle accident settlements are calculated in Iowa.
Six Factors Influencing Truck Accident Settlement Amounts
The goal of a truck accident settlement is to get maximum compensation for the victim to cover all their losses and physical pain and suffering. To achieve this, six important factors need to be considered, and these are:
1. Medical Expenses and Other Economic Damages
A good Des Moines truck accident lawyer will always start by calculating the total amount that the victim lost through medical expenses, lost wages, property damage, and other out-of-pocket expenses.
If serious injuries are caused, this can be a very significant figure due to the need for surgery and other expensive medical treatments.
Here, it is important to have a good record of all the medical bills that the victim paid and a proper account of the time that was lost away from work.
2. Severity of Injuries
Usually, when dealing with a truck accident that has caused severe injuries to the victim, an insurance company will use the multiplier method to reach a final settlement amount.
Based on the injury severity, the cost of medical treatment and lost wages will be multiplied by a number between 1.5 and 5, resulting in an amount that may be deemed fair compensation by both parties.
3. Permanent Disability (Prolonged Medical Bills)
Complications may arise when the victim suffers injuries that cause permanent disability or at least require a long recovery time. Here, it is not easy to estimate how much medical treatment will cost.
Usually, once the doctor declares that the victim has reached their maximum medical improvement, the attorney will have to consult medical professionals to estimate how much long-term care will cost.
4. Pain and Suffering
Unlike economic damages such as medical bills and lost wages, pain and suffering are not always easy to determine.
Often, the judge will have to decide how much to award based on medical records, treatment journals, expert opinions from caregivers, and the arguments made by the victim's attorney.
As such, the amount that is awarded for pain and suffering and other non-economic damages, such as emotional trauma or the loss of enjoyment of life, can result in varying settlement amounts being awarded.
5. Comparative Negligence Laws
Usually, a semi-truck accident is the result of a wide range of factors, some of which may be contributed by both parties.
As such, by applying the theory of comparative negligence, Iowa law places a proportionate amount of blame on both the truck driver and the victim.
What this means is when calculating damages, the victim's negligence will affect the settlement amount they will be awarded. If it is found that they are more than 51% at fault, they will not be eligible for compensation.
6. The Insurance Company
Lastly, the car insurance company also plays an important role in determining the maximum compensation that can be awarded to the victim.
This is usually the case when the other driver's insurance company has policy limits that cap the total payout that can be given for a truck or car accident settlement.
Call Tom Fowler Law - Top-rated Truck Accident Attorneys in Des Moines, Iowa
Going against insurance and trucking companies without a team of personal injury lawyers to offer legal guidance often results in victims taking whatever low-ball offer presented to them rather than fighting for a fair settlement.
The truck and auto accident lawyers at Tom Fowler Law have an impressive track record of winning huge settlements for their clients in Iowa.
Truck accident victims can visit their Des Moines office today and sit down for a free case evaluation.
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