If you’ve been rear-ended by a commercial truck, you’re likely wondering how much your settlement might be worth. Payouts can range from $50,000 to over $1 million, depending on factors like injury severity, medical costs, lost wages, and the trucking company’s insurance coverage.
Unlike standard car accidents, commercial truck collisions can cause severe injuries like spinal damage, brain trauma, and permanent disabilities, often leading to higher settlements. Insurance companies frequently try to settle quickly for less, hoping victims accept a lowball offer before realizing the full extent of their losses.
At Keith & Lorfing, we bring over 100 years of combined experience, 500 trials, and a reputation as Abilene’s Best Lawyers in 2023. Our highly credentialed attorneys know how to fight for maximum compensation against trucking companies and their insurers.
Let our truck accident lawyer help you file your claim and receive an above-average settlement for commercial vehicle accidents.
What Determines the Value of a Rear-End Truck Accident Settlement?
The settlement value of a rear-end truck crash depends on multiple factors, including the severity of injuries, liability laws, and available insurance coverage. Because large commercial vehicle accidents often cause significant injuries and damages, settlements tend to be much higher than in standard vehicle accidents.
Below, we break down the key factors that influence truck accident settlement amounts and how you can maximize your settlement.
Severity of Injuries
Since commercial vehicles often weigh 20-30 times more than passenger cars, they create a greater force of impact, leading to more severe injuries in rear-end truck collisions.
Below are the common injuries in semi truck accidents:
- Whiplash and Soft Tissue Injuries: A common injury in rear-end accidents, whiplash occurs when the neck jerks forward and backward rapidly. While some cases heal within weeks, severe cases lead to chronic pain and mobility issues, increasing the settlement payout.
- Fractures and Broken Bones: Dump truck and semi-truck accident victims often suffer broken bones due to the extreme force of impact. Multiple fractures increase the settlement amount due to prolonged recovery time and possible surgery.
- Traumatic Brain Injuries (TBI): A truck hit at high speed can cause serious head trauma, leading to memory loss, cognitive impairment, and permanent disabilities. Severe TBIs require lifelong medical care, which significantly increases the settlement value.
- Spinal Cord Injuries and Paralysis: A rear-end truck crash may cause herniated discs, nerve damage, or complete paralysis, dramatically affecting the victim’s life. Spinal injuries lead to some of the highest truck accident settlement amounts.
How do medical treatment costs impact settlement amounts?
- Long-term treatment needs (physical therapy, surgeries, medications) increase the settlement amount.
- If the accident resulted in permanent disability, settlements and verdicts tend to be higher to cover lost earning capacity.
- Delayed medical treatment can reduce the final settlement amount, as insurance companies may argue that the injuries weren’t severe or were not caused by the accident.
Liability and Comparative Fault Laws in Texas
In most vehicle accident cases, the driver who rear-ends another vehicle is at fault. However, Texas’ comparative fault laws can impact how much compensation you receive.
Who is at fault in rear-end truck accidents?
- Truck driver negligence: If the truck hit your car due to distracted driving, speeding, or brake failure, they are likely at fault for the accident.
- Employer liability: In commercial vehicle accident settlements, the trucking company may be partially liable if they failed to maintain the truck or violated federal safety regulations.
- Shared fault scenarios: If the insurance company argues that you contributed to the crash (e.g., sudden braking), your settlement could be reduced.
How comparative fault laws affect settlement payouts:
- Fault percentage matters: If you are less than 51% at fault for the accident, you can still recover damages, but your settlement amount may be reduced based on your fault percentage.
- No compensation if you are 51% at fault or more: Texas follows a 51% bar rule, meaning you cannot recover damages if you are 51% or more responsible.
- Example settlement reduction: If your final settlement amount is $500,000, but you are found 20% at fault, your settlement payout would be reduced to $400,000.
Hypothetical Scenario: John is driving through an intersection in Texas when a commercial truck rear-ends him. Initially, it seems like the truck driver is fully at fault. However, dashcam footage reveals that John had braked suddenly without signaling, leading the insurance company to argue that he shares 30% of the blame.
Texas follows a modified comparative fault rule, meaning John can still recover damages as long as he is less than 51% at fault. However, his compensation is reduced by his percentage of fault. If his total damages are $100,000, he would receive $70,000 after the 30% reduction.
Without legal representation, John might struggle to counter the insurance company’s claims or prove the truck driver was more at fault. Our attorney would use expert testimony, accident reconstruction, and additional evidence to minimize John’s fault percentage and maximize his compensation.
Insurance Coverage and Policy Limits
The settlement amounts for commercial vehicle accidents are often higher due to federal and state trucking insurance requirements. However, the settlement amount you receive is limited by how much insurance coverage is available.
The Federal and State trucking insurance requirements are as follows:
- FMCSA minimum coverage: The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to carry minimum insurance policies based on the type of truck and cargo.
- $750,000 minimum coverage: Standard commercial vehicle accidents.
- $1 million+ in coverage: Hazardous materials transport.
- $5 million+ coverage: Carriers transporting toxic or dangerous goods.
How does insurance coverage affect compensation?
- High-limit policies lead to larger settlements: The average truck accident settlement amount is usually higher if the trucking company has high policy limits.
- Independent contractor vs. company driver: If the truck driver was an independent contractor, they may have lower coverage, which could limit your settlement payout.
- Multiple liable parties: If insurance coverage is insufficient, you may be able to file a personal injury claim against multiple parties, including the trucking company, truck manufacturer, or maintenance provider.
Average Settlement Amounts for Rear-End Truck Accidents in Texas
Determining precise average settlement amounts for rear-end truck accidents in Texas is challenging due to the unique circumstances of each case and the lack of publicly available data. However, insights from federal studies provide some context:
The Federal Motor Carrier Safety Administration (FMCSA) reports that the average cost of a truck-involved crash is approximately $123,300.
- Minor Injury Settlements – Typical range of $50,000 – $200,000
- Moderate Injury Settlements – Typical range of $200,000 – $750,000
- Severe Injury and Catastrophic Settlements – Approximately 2% of Texas truck crashes result in settlements exceeding $750,000, with a typical range of $750,000 – $5,000,000+
What to Do After Being Rear-Ended by a Commercial Truck
If you’ve been involved in a truck accident, taking the right steps immediately can protect your health, strengthen your personal injury settlement, and help you maximize your settlement amount.
Due to the size and weight of semi-trucks, semi-truck accidents often cause severe injuries. Properly handling the circumstances of the accident can mean the difference between a favorable settlement and a low settlement offer.
1. Seek Medical Attention Immediately
Medical documentation is one of the biggest factors in determining the value of truck accident settlements. Settlement amounts can vary based on how well you document your injuries and follow treatment.
- Get a full medical evaluation: Even if you feel fine after the rear-end accident, injuries like traumatic brain injuries (TBIs), internal bleeding, and spinal damage can take time to appear.
- Request advanced imaging (MRI/CT scans): If you experience headaches, dizziness, or back pain due to the accident, ask for further tests to rule out serious injuries.
- Follow all medical treatments and keep records: The severity of the accident directly impacts your settlement agreement. Failing to follow doctor’s orders could give the insurance company a reason to deny or reduce your claim.
- Document pain levels and physical limitations: Keep a journal detailing your daily pain, discomfort, and mobility restrictions. These records can help calculate the settlement for pain and suffering.
2. Document the Accident Scene
The average rear-end truck settlement depends on strong evidence. Detailed accident documentation can lead to higher settlements and prevent disputes with the insurance company.
- Take clear photos: Capture images of your injuries, vehicle damage, and road conditions. Focus on skid marks, debris, and traffic signals to establish who is responsible for the accident.
- Photograph trucking details: Take pictures of the trucking company’s logo, license plate, and DOT number on the truck. This helps hold the trucking company, not just the driver, liable.
- Check for surveillance footage: Look for traffic or business security cameras that may have recorded the accident. These videos can be key in proving fault for the accident.
- Gather witness contact information: Don’t just rely on the police report—get phone numbers and emails from anyone who saw the accident. Witness statements help challenge insurers’ low settlement offers.
- Note weather and truck behavior: Include details about road conditions, visibility, and whether the truck was following too closely or braking erratically before causing the accident.
Speak with our Lubbock truck accident lawyer to understand the average settlement and learn how to maximize your settlement amount.
How our Texas Truck Accident Lawyer Will Help Maximize Your Compensation
Our Texas truck accident lawyer ensures you don’t have to work through this alone. Our help makes the process smoother, easier, and more effective than handling everything yourself.
Here’s how our lawyer will help you maximize your compensation and make the legal process stress-free:
Act Fast—Critical Evidence Can Disappear Quickly
Critical evidence needs to be collected immediately after a truck accident before it’s lost or destroyed. Unlike regular car accidents, commercial truck accidents involve additional forms of evidence that can be erased, altered, or overlooked if not secured quickly.
- Black box data: Commercial trucks have electronic logging devices (ELDs) that record speed, braking, and hours driven before the crash. Trucking companies may delete or overwrite this data if not legally requested in time.
- Driver logs: Federal regulations require truck drivers to track their hours on the road to prevent fatigue-related crashes. If the driver violated these rules, their logs could prove negligence—but trucking companies aren’t required to keep them forever.
- Surveillance footage: If the accident occurred near businesses or intersections with cameras, footage could provide irrefutable proof of fault—but many systems automatically delete recordings within 48 to 72 hours.
Investigating All Liable Parties to Maximize Compensation
One major advantage of working with us is our ability to identify multiple liable parties—which often means a larger settlement payout for you. Unlike regular car accidents, truck accident liability isn’t always limited to the driver.
- The trucking company: If the company failed to train its drivers, enforced unrealistic schedules, or neglected truck maintenance, they can be held financially responsible.
- The truck manufacturer: If a mechanical failure, such as brake failure or tire blowout, caused the crash, the manufacturer may be liable for producing a faulty part.
- Cargo loading companies: Improperly loaded cargo can shift weight suddenly, leading to accidents. If a third-party company loaded the truck, it may share liability.
Avoid Insurance Mistakes—Let Your Lawyer Handle Statements
After an accident, insurance companies will call you quickly, often before you fully understand the extent of your injuries. Their goal is to minimize payouts by getting victims to:
- Make statements that hurt their case: If you say “I’m feeling okay”, insurers may use this to argue your injuries aren’t serious.
- Accept lowball settlements: The first settlement offer is usually far below what you are entitled to. Many victims accept because they don’t realize they can negotiate for more.
- Admit partial fault: Insurers may ask leading questions to get you to say something that makes you partially responsible for the accident, which could reduce or eliminate your compensation.
Before speaking to insurance, consult our lawyer to protect your rights and ensure you receive the compensation you deserve!
Maximizing Compensation for Medical Bills, Lost Wages, and Long-Term Impacts
The accident’s full impact may not be immediately clear, which is why accepting an early settlement offer can be a mistake.
- Medical bills: Your settlement should cover current and future medical expenses, including surgeries, physical therapy, and in-home care.
- Lost wages and reduced earning capacity: If your injuries prevent you from working, you deserve compensation for past lost income and future lost earning potential.
- Pain and suffering: Truck accidents often cause chronic pain, emotional distress, and loss of quality of life, all of which factor into your compensation.
Our Lawyer Handles Negotiations, Evidence Collection, and Lawsuits When Needed
Filing a truck accident claim isn’t just about submitting paperwork—it’s about building a strong case with concrete evidence and expert-backed valuation. Our lawyer will make sure every detail is covered so you don’t have to worry about missing anything.
- Negotiating with trucking companies and insurers: Our attorneys push back against low settlement offers, using evidence and legal leverage to maximize your payout.
- Gathering critical evidence: Our lawyer collects accident reports, black box data, medical records, and witness statements to build a compelling case.
- Filing a lawsuit if necessary: If insurers refuse to offer a fair settlement amount, our attorney is prepared to take your case to court and fight for the compensation you deserve.
At Keith & Lorfing, we handle every aspect of your truck accident claim so you can focus on recovery. Our team is dedicated to securing the maximum compensation for your injuries and losses.
- We act quickly to preserve critical evidence before it is lost or destroyed.
- We identify all liable parties to ensure you receive full compensation.
- We handle all communication with insurers to protect you from unfair tactics.
- We negotiate aggressively to secure the highest possible settlement.
- We take legal action if necessary to ensure you don’t settle for less.
Call us today at (325)-225-0953 or contact us online for a free case evaluation, and let us help you get the compensation you deserve.
Key Takeaways For Your Truck Accident Case
If you’ve been in a semi-truck accident due to various factors, acting quickly can protect your rights and maximize your settlement. Since every truck accident case is unique, settlement amounts vary based on injuries, liability, and insurance coverage.
A rear-end accident with a truck while stopped can lead to serious damages, and trucking companies often try to minimize payouts. Instead of handling this alone, speak with our trucking accident lawyers for free to understand your options.
