What Is the Average Truck Accident Settlement in Louisiana?

When a massive commercial truck collides with a passenger vehicle, the results can be devastating. The sheer size and weight difference between an 18-wheeler and a regular car mean that accident victims often face significant injuries, extensive medical bills, and life-changing circumstances. If you've been injured in a truck accident in Louisiana, one of your first questions is likely about potential compensation.

In this blog post, our Shreveport truck accident attorneys will explain what factors can influence your settlement amount and how an attorney can help you fight for the compensation you deserve.

How Much Compensation Can I Expect in a Truck Accident Settlement?

The average truck accident settlement amount in Louisiana is about $150,000. However, settlements can range from tens of thousands to millions of dollars, depending on various factors specific to your case.

Based on analysis of recent settlements, most truck accident cases fall into these categories:

• Minor to moderate injuries: $50,000 to $200,000 for whiplash, minor fractures, and soft tissue injuries, short-term medical treatment and recovery;
• Serious injuries: $200,000 to $500,000 for broken bones, herniated discs, significant medical expenses, extended recovery periods, and lost wages;
• Severe and catastrophic injuries: $500,000 to several million dollars for spinal cord injuries, traumatic brain injuries, permanent disability, wrongful death claims, and lifelong care needs.

Commercial truck accident settlement values can range from $183,000 to millions, depending on case specifics. The wide range reflects the complex nature of these cases and the severe damage that commercial vehicles can inflict.

Key Factors Determining Your Truck Accident Settlement

Multiple elements influence the final settlement amount in your truck accident case.

Injury Severity and Medical Expenses

The most significant factor affecting your settlement value is the extent of your injuries. Generally, as the severity of the injuries increases, so does the value of the final settlement. Cases involving permanent disability, spinal cord damage, or traumatic brain injuries typically result in higher settlements than minor accidents with soft tissue injuries.

Lost Wages and Earning Capacity

A truck accident can prevent you from returning to work, either temporarily or permanently. Your settlement should account for any lost wages during your recovery. If your injuries leave you with a reduced earning capacity or force you to change careers, these losses should also be included in your claim.

Pain and Suffering

Non-economic damages compensate for the physical pain and emotional distress caused by your accident. Pain and suffering in Louisiana can be calculated in different ways, but these non-economic damages are generally proportional to the value of your economic damages.

Fault and Liability Determination

Louisiana follows a "pure comparative fault" system. This means that even if you bear some responsibility for the accident, you can still recover damages. However, your settlement amount will be reduced by your percentage of fault.

Insurance Coverage Limits

The available insurance coverage can significantly impact the potential settlement. Commercial trucks are required to carry higher insurance limits than passenger vehicles, with many large trucking companies holding policies worth millions of dollars. This can allow for higher settlement amounts in cases involving severe injuries.

Multiple Liable Parties

In a truck accident, multiple parties may be at fault, not just the driver. This could include the trucking company, a vehicle manufacturer, a cargo loading company, or a maintenance contractor. Having multiple liable parties can increase the total compensation available for your injuries.

How to Calculate Your Truck Accident Settlement

Accurately valuing your case requires careful analysis of all damages and consideration of Louisiana-specific factors. Here's how to approach this assessment:

Calculate Economic Damages

Start by documenting all quantifiable losses:

• Medical costs: Gather all medical records and bills related to your accident. Don't forget to include projected future medical expenses for ongoing treatment, therapy, or long-term care needs.
• Lost income: Calculate wages lost during recovery and document any reduction in earning capacity. Include lost benefits, bonuses, and overtime opportunities.
• Property damage: Obtain repair estimates or replacement values for all damaged property.

Assess Non-Economic Damages

In Louisiana, non-economic damages, such as pain and suffering, are evaluated based on the unique circumstances of each case rather than relying on a standard multiplier method. These damages are inherently subjective, and insurance companies or judges may evaluate them differently.

However, our truck accident attorneys will work tirelessly to secure compensation, carefully considering factors such as:

• The extent of physical pain and discomfort
• The emotional and psychological toll, including trauma or depression
• The long-term effects on your quality of life and daily activities

This case-by-case approach ensures a more individualized evaluation of non-economic damages, and we will advocate for compensation that truly reflects the personal impact of your injury.

Consider Louisiana-Specific Factors

Louisiana law provides unique considerations that can affect your settlement:

• Wrongful death claims: In Louisiana, specific rules govern who can file a wrongful death claim. The rules are outlined in Louisiana Civil Code §2315.2. Eligible family members include spouses, children, parents, siblings, and grandparents, in that order of priority.
• Comparative fault impact: Louisiana is among the most generous states, having adopted a 51% comparative negligence rule. Under this rule, an injured party may recover for injuries even if they were 51% or less at fault.
• Statute of limitations: Louisiana has a two-year statute of limitations for personal injury claims, making prompt action necessary.

Account for Settlement Timeline

The timeline for settlements varies — some are resolved within months, while others can take over a year. Complex cases involving multiple parties, disputed liability, or severe injuries typically take longer to resolve but may result in higher settlements.

Factors That Can Increase Your Settlement Value

Several circumstances can potentially increase your truck accident settlement amount:

• Federal regulation violations: Federal regulations play a significant role in truck accident lawsuits, as trucking companies and drivers must adhere to strict safety standards and guidelines set forth by agencies such as the Federal Motor Carrier Safety Administration (FMCSA).
• Punitive damages: In cases involving particularly reckless behavior, Louisiana allows for exemplary damages (punitive damages). These are awarded to punish the wrongdoer and deter similar conduct in the future.
• Severe or permanent injuries: Cases involving permanent disability typically result in higher settlements due to lifelong impacts on the victim's quality of life and earning capacity.
• Strong evidence and documentation: Comprehensive evidence collection, including police reports, witness statements, medical records, and accident reconstruction analysis, can significantly strengthen your position in settlement negotiations.

After a Truck Accident, Your Next Step Is Rice & Kendig

Truck accident settlements in Louisiana vary widely based on injury severity, liability, insurance coverage, and other case-specific factors. At Rice & Kendig, we offer thorough case preparation, accurate damage calculation, and skilled negotiation with insurance companies. Contact us today for a free consultation to discuss your truck accident claim and learn about your legal options for recovering the compensation you deserve.