Around 15,000 crashes on Missouri roads and highways each year involve a commercial vehicle, according to the Missouri State Highway Patrol.

These crashes are so tragically commonplace that TruckInfo.net estimates one-third of all long-haul truckers will be involved in a serious accident at some point in their career.

In 2022, serious truck accidents claimed the lives of more than 160 people in Missouri, and injured about 1,000 more.

Injured in a Truck Accident? Schedule a Free Case Evaluation

Though these crashes are often referred to as “truck accidents,” not all involve an 18-wheel semi-truck.

The phrase “truck accident” can describe crashes with a variety of commercial or government vehicles, such as:

Construction vehicles
Repair and maintenance trucks
Delivery company vehicles
Buses
Emergency response vehicles such as firetrucks and ambulances
Garbage trucks
Snow plows

Average Truck Accident Settlements

Truck accident settlements vary wildly – from tens of millions of dollars to nothing at all. There is no such thing as a reliable “average.”

Settlement amounts depend on who was at fault for the accident, the level of negligence, and the severity of damages. How well attorneys for each side represent their case can also have a significant impact.

What is a truck accident settlement?

A settlement is the most common legal remedy for a crash with an insured vehicle.

In a settlement, the at-fault party and their insurer agree to pay a specific amount of money to compensate the injured party for their losses.

What happens if the two sides can’t agree?

If the two sides cannot agree on a settlement, the case might proceed to trial. In that case, a judge or a jury will decide who was at fault and how much they must pay.

Negotiations are rarely easy. Plaintiffs often feel they’re being paid too little, while insurers often feel they’re paying too much. One of the classic hallmarks of a “fair settlement” is when both sides walk away grumbling.

If neither side is fully satisfied, why are settlements so common? Because both sides would rather give some ground and have a say in the settlement than put the entire case in the hands of the court system.

A settlement gives both the injured party and the insurer a voice in the outcome.

What kind of settlement can I expect?

If you’ve been injured in a truck accident, it’s hard to know what a “fair” settlement might be.

Rather than chasing after some nonexistent “average,” you would be better off comparing your case against similar cases.

Boxdorfer vs. Lason Corp. & Jones: $4 million

Our client collided in an intersection with a commercial truck. He suffered a spinal injury that resulted in quadriplegia.

The police report placed 100% of the blame for the accident on our client. Through our investigation, we found eyewitnesses not named in the police report, who confirmed the truck sped up to get through a yellow light. The company that owned the truck settled the case for $4 million.

Injured in a Truck Accident? Schedule a Free Case Evaluation

Common causes of Missouri truck accidents

Truck accidents can be the result of driver-related factors or environmental factors. Many of these are the same things that cause other types of vehicle crashes.

Driver-Related Crash Factors	Environmental Crash Factors
Tired or impaired drivers	Adverse weather or road conditions
Drivers preoccupied with cell phones or other distractions	Vehicle equipment malfunction
Risky or negligent driving behavior	Shifting or unsecured cargo

How a Commerical Vehicle Accident Settlement Works

Here is the typical timeline of events after a crash involving a truck or other commercial vehicle.

Police investigation. Police will investigate the accident and write a report. The police investigation will include forensic evidence from the crash scene and statements from witnesses describing what happened. If you are in a crash, you can collect your own evidence by taking photos and videos of the crash and injuries you have, and by collecting the names and contact information of witnesses. Just don’t move (or remove) any physical evidence without asking police first.
Insurance investigation. Insurance adjusters for the two parties will conduct their own investigation into the causes of the crash and any resulting damage. Attorneys representing the insurance companies or the parties themselves may also investigate, reviewing evidence and interviewing witnesses. If you are contacted by an adjuster or attorney representing the other party, do not answer any of their questions or sign any documents without getting the advice of an attorney first. Remember, the No. 1 goal of insurance companies is to pay out the lowest settlement possible.
Determination of fault. The insurance companies will issue a determination of fault – that is, they will decide who is responsible for causing the accident. The party not at fault will then file a claim for damages.
Settlement negotiations. Representatives for the two sides will attempt to negotiate a settlement.
Filing suit. If no settlement can be reached, the injured party may file a lawsuit.

Determining a Truck Accident Settlement

There is no such thing as an “average truck accident settlement” because settlements are subject to so many variables.

Factors that may affect the settlement amount include:

Severity and permanence of physical injuries: the harder it is to recover from injuries, the greater compensation is likely to be. Data from the American Transportation Research Institute indicates plaintiffs who suffer a spinal cord injury are awarded $500,000 more on average than those who suffer other injuries.
Medical expenses: this may include immediate treatment for injuries and ongoing care and rehabilitation.

Lost income: this may include income lost to time off work, and future income if your injuries affect your ability to earn a living.

Loss of the ability to enjoy life: this is a less-tangible injury, but if you are unable to return to activities you love, you can pursue compensation.

Pain and suffering: the more pain a plaintiff can prove they experienced, the higher the settlement they can pursue.

Property damage: you may be compensated for damage to your belongings, including your vehicle and anything inside it.

Insurance liability limits: insurance policies typically limit the amount of liability the insurer is responsible for covering.

Determining who was at fault for the crash

One important factor in settlements is the level of negligence. Who was responsible for the accident?

Missouri law recognizes comparative negligence – that is, the possibility that both drivers may be partly at fault.

Under a finding of comparative negligence, the injured party can still seek a settlement, but the amount will be reduced based on their level of responsibility. For example, a driver awarded a $1 million settlement but found to be 25% at fault for the crash would receive $750,000 ($1 million – 25%).

Other parties might bear responsibility for the crash as well. Imagine a commercial truck that wasn’t properly maintained loses control on a poorly marked road while the driver is speeding.

If the truck collides with another vehicle, the driver who is struck could pursue a settlement with the company that failed to maintain the truck, the government agency that failed to maintain the road, and the driver who violated traffic laws.

One reason it’s so important to have an experienced truck accident attorney on your side is to make sure all negligent parties are held responsible.

Injured in a Truck Accident? Schedule a Free Case Evaluation

Evidence considered in a truck accident settlement

Figuring out exactly what caused an accident, who is responsible, and the extent of the damages, is a complex task.

Your truck accident lawyer will seek out evidence from a number of sources to make sure you get the settlement to which you are entitled. Such evidence often includes:

Police reports
Accident scene photos
Photos of vehicle damage
Video recorded by traffic cameras, dashboard cameras, and security cameras
Skid marks and other physical evidence from the crash site
“Black box” downloads from commercial vehicles
Witness testimony
Expert witness analysis
Accident reconstruction reports
Vehicle maintenance records
Driver logs
Driving histories
Trucker’s training history
Documents from loading docks and weigh stations
Cell phone records
Toxicology test results
Medical records
Records of the injured party’s financial losses

Find Out What Your Truck Accident Settlement Might Be Worth

Since there’s no such thing as an “average” truck accident settlement, you can’t Google your way to a fair estimate.

If you’ve been injured in a truck accident, have an experienced attorney evaluate your case. They will look at the various factors that impact a settlement and help you decide the appropriate next steps.

The team at Fernandez Law has a track record of bringing truck accident settlements to a fast, fair resolution. Call 314-433-9131 to schedule a free evaluation of your case.