The percentage that truck accident lawyers take for personal injury claims is usually one-third of your settlement or 33.3 percent. If your case goes to trial and you want courtroom representation, your attorney will typically take 40% of your payout. Keep in mind, however, that your attorney only collects if you win, and if you do not win your case, you do not pay anything, except–depending on the arrangement you have with your attorney–a retainer fee or basic case processing fees.
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The Severity of Truck Accidents
Accidents involving trucks can be catastrophic. Trucks, due to their size and weight, are harder to stop once they start moving, and they can impart massive amounts of force and energy to other vehicles and roadside property in a collision. According to a report from the National Highway Traffic Safety Administration (NHTSA), in 2017:
- Almost three-quarters of all truck accident fatalities were passengers in other vehicles.
- Trucks were more likely to occur in multi-vehicle accidents than passenger vehicles.
- Trucks were three times more likely to be struck from the rear.
- Truck accidents were very uncommon in work zones but were highly common on interstates.
- Drivers of large trucks committed less drinking and driving than the drivers of light trucks, passenger vehicles, and motorcycles.
- Large truck drivers had lower percentages of previous license suspensions or revocations than passenger vehicle drivers.
These aren’t merely statistics. They highlight the severity and frequency of accidents involving large trucks. Truckers can be guilty of negligence and can make driving mistakes. However, based on the data, truckers are less likely to drink and drive, and they tend to have cleaner driving records than other road users. If you were at fault for an accident involving a truck, you may face substantial expenses after-the-fact.
Depending on how extensive your injuries and losses are and the types of insurance you have, a single truck accident can result in losses that run into the tens of thousands of dollars. The percentage that truck accident lawyers take is 33.3 percent of any settlement you are awarded, but paying that figure–and keeping the remainder–may outweigh the risk of losing your case and paying out-of-pocket for accident damages for yourself and other victims.
We discuss losses, damages, liability, and insurance coverage for truck accidents and personal injury cases below.
Truck Accident Damages, Liability, and Insurance Coverage
Common truck accident damages include:
- Medical treatment expenses, including the costs of diagnostic testing, doctor consultations, ambulance services, medications, and hospital stays.
- Lost income or a loss in the ability to earn as much as you did before the accident.
- Property damage.
- Vehicle damage.
- Incidental expenses such as caretaking or certain in-home services that you require because of your accident-related injuries.
- Pain, suffering, mental anguish, or emotional trauma linked to physical injuries sustained in an accident.
To determine who is liable for paying for these losses and damages, you must determine who was responsible for the accident that occurred.
There are many ways a truck accident can occur, including speeding, intoxicated driving, drowsy driving, and distracted driving. A driver may not be licensed to operate a truck, or he or she may not have the training required to operate a truck. Driver errors, poor road maintenance, vehicle servicing problems, brake failures, road debris, poor signage, poor lighting, and many other factors can cause or contribute to an accident.
Based on the factors that caused or contributed to your accident, a truck driver, a truck owner, a trucking company, a service/maintenance team, a road repair/construction team, or a civic municipality may be at fault or share some of the blame for your accident.
According to Florida Highway Safety and Motor Vehicles (FLHSMV), vehicle operators are required to carry all of the following:
- Bodily injury liability of $10,000 per person/$20,000 per crash.
- Property damage liability of $10,000 per crash.
- Personal Injury Protection–PIP–of $10,000 per person per crash.
Florida is a no-fault state. Irrespective of how your accident was caused, you can use your PIP cover to pay for various accident expenses such as personal injuries and lost income–but not property damage–from a truck accident. However, if your losses exceed your policy limits, you may have to pay out-of-pocket for such expenses.
This is why many people choose to increase their insurance limits, or they purchase other forms of insurance such as collision coverage, uninsured motorist coverage, or higher health insurance limits to pay for medical treatments and other losses that can arise after a vehicle accident.
Evaluating damages, identifying at-fault parties, and understanding how insurance coverage works for damages of specific types can be difficult, and this is where an attorney may be able to assist you.
Truck Accident Attorneys
The Law Offices of Anidjar & Levine and our truck accident attorneys can help you with your truck accident case. Contact our team at 1-888-587-9581. Some people may feel that the percentage that truck accident lawyers take is too high, but for one-third of your settlement:
- You receive two-thirds of your settlement because you only pay if we win.
- We handle evidence collection, negotiations, and all filing requirements for you.
- We help you understand what you need to do, how to do it, and when to do it.
- We keep you up to date with the status of your case.
- We can represent you in court and only collect 40% of your payout–again, only if you win your case.
Do not hesitate to reach out to us today for legal guidance regarding your truck accident case.