There is no average settlement for a truck accident in South Dakota because every case is unique. Compensation depends on factors such as the severity of your injuries, which can increase the claim’s value if they result in high medical costs, permanent damage, or loss of income.
Other considerations include property damage, emotional distress, and impacts on your quality of life. Truck accidents often involve multiple liable parties, making for complex commercial insurance claims.
If you are asking what the average settlement for a truck accident in South Dakota is, consulting a Sioux Falls truck accident lawyer can help. A lawyer can assess your losses and negotiate for a fair settlement.
Factors That Influence Truck Accident Settlements
Several key factors impact the value of a settlement in a truck accident case. A Sioux Falls personal injury lawyer can provide clarity on how your specific situation may influence the outcome.
Severity of Injuries
The extent of injuries sustained in a truck accident is one of the most important factors in determining a settlement. Life-altering injuries such as traumatic brain injuries, spinal cord damage, or amputations often result in higher compensation due to ongoing medical care and diminished earning capacity.
Even moderate injuries, such as fractures or severe whiplash, can lead to significant settlements if they require extensive treatment or prolonged recovery time. Medical records and expert testimony can help demonstrate the full impact of your injuries.
Liability and Fault
South Dakota’s negligence laws are unique and often misunderstood, making it especially important to hire an attorney after a truck accident. The state uses a contributory negligence system with a slight/gross negligence standard under SDCL § 20-9-2.
South Dakota’s hybrid approach imposes strict limits on a plaintiff’s ability to recover damages. You can only recover compensation if your fault is considered “slight” compared to the defendant’s, and the defendant’s fault is deemed “gross” in comparison. If your negligence exceeds the slight threshold, you are barred from recovering damages entirely.
Trucking companies often deploy teams to accident sites to gather and hide evidence, such as the truck’s data recorder, camera recordings, or faulty equipment. However, hiring an attorney promptly ensures legal counsel can send preservation letters requiring the company to retain this evidence for your case.
For a free legal consultation, call (605) 334-8900
How Insurance Coverage Impacts Settlements
The insurance coverage of all parties involved significantly affects the potential settlement amount in a truck accident case. Unlike standard car accidents, commercial trucking companies carry higher insurance limits, which can result in larger settlements.
Common insurance policies involved include:
- Truck driver liability insurance: Covers damages caused by the truck driver’s negligence
- Trucking company policies: Often provide additional coverage for company-owned vehicles or leased equipment
- Uninsured/underinsured motorist coverage: May apply if the at-fault party lacks sufficient coverage to compensate for all damages
The Importance of Establishing Insurance Coverage When Seeking a Truck Accident Settlement
A lawyer must first establish whether insurance coverage is available before taking on a truck accident case. Without sufficient insurance to cover potential losses, pursuing a claim may not be possible.
A lawyer will thoroughly review all potential sources of coverage, including the client’s own car insurance policies, to identify benefits the client may not realize they have, such as uninsured or underinsured motorist coverage.
In addition to identifying coverage, a lawyer can prepare your case for trial if a fair settlement cannot be reached. From the start, they will build a strong case to protect your interests and fight for maximum compensation. Establishing insurance coverage is the essential first step in the process.
Potential Compensation a Truck Accident Settlement Can Offer
A truck accident settlement can provide compensation for a wide range of damages, addressing both financial and personal losses caused by the accident. Depending on the circumstances of the case, a settlement may include:
- Medical expenses: Coverage for current and future medical bills, including emergency care, surgeries, hospital stays, rehabilitation, medications, and necessary medical equipment.
- Lost income and reduced earning capacity: Compensation for income lost during your recovery period, as well as diminished earning capacity if your injuries prevent you from returning to work or force you into a lower-paying job.
- Pain and suffering: Monetary compensation for the physical pain and emotional distress caused by the accident and its aftermath.
- Permanent impairment: Damages for long-term or permanent disabilities that impact your ability to work, live independently, or enjoy life as you did before the accident.
- Disfigurement: Compensation for permanent scarring or disfigurement that alters your physical appearance and may affect your emotional well-being.
- Property damage: Reimbursement for repairs or replacement of your vehicle and other personal property damaged in the accident.
- Loss of enjoyment of life: Damages for the ways your injuries have limited your ability to participate in hobbies, social activities, or day-to-day tasks.
A truck accident settlement aims to address both the tangible and intangible losses you’ve suffered, helping you move forward after the crash.
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Contact a Sioux Falls Truck Accident Lawyer for Help
If you or a loved one has been injured in a truck accident, Hoy Law can help. With over $30 million recovered and over 150 years of combined experience, we provide unparalleled service to accident victims throughout South Dakota.
From investigating your claim to negotiating with insurance companies, we are here to guide you every step of the way. While there is no average settlement for a truck accident case, our dedicated team will guide you through every step of the claims process.
Contact us today for a free consultation. Our Sioux Falls truck accident lawyers are ready to fight for the compensation you deserve.
Call or text (605) 334-8900 or complete a Free Case Evaluation form
