Colliding with a large commercial truck might be among the most terrifying things that can happen on the road. Given the size of these massive vehicles, a truck colliding with a passenger vehicle or a pedestrian can leave victims with life-altering injuries.
After suffering injuries in a truck accident, you probably want to understand your right to sue. It can be hard to know what you are entitled to after an injury-causing accident. Continue reading to learn more about what you can sue for in a truck accident.
Speaking to a truck accident lawyer is the best first step after a crash. Contact an attorney if you suffered an injury or a loved one died in a truck accident.
What Is a Personal Injury Claim?
A personal injury claim is a legal cause of action for accident victims who suffer injuries because of another person’s or entity’s negligence. The purpose of a personal injury case is for the victim to pursue compensation for their losses. Personal injury claims help truck accident victims financially recover after a crash.
Potential Personal Injury Claims
There are many different types of personal injury claims. A negligent party usually causes truck accident claims. Victims must prove that the defendant was negligent. A legal team can assist as you attempt to prove that another’s negligence caused your injuries.
A negligence action requires proof of four elements- duty, breach, causation, and damages. Failure to prove any of these elements is fatal to your claim. Your truck accident attorney will help collect relevant evidence to help prove your case.
How Common Are Truck Accidents?
Commercial truck crashes are more common than you likely imagine. There were about 474,000 commercial truck crashes reported across the United States in a recent year, resulting in an estimated 155,000 injuries and more than 5,100 fatalities.
While you might never think a truck accident will happen to you, the risk exists anytime you are driving or riding in a car. Even if you are not on the highway, a truck driver can still hit you while making deliveries on smaller streets in residential or commercial areas. These collisions happen in both urban and rural areas, as commercial trucks are necessary to the economy in all areas of the country.
Unfortunately, with the convenience of truck transportation also comes serious injuries and losses from collisions.
What Damages Are Available After a Truck Accident?
Truck accident victims can sue for the losses they sustained after a crash. Generally, damages from truck accidents are categorized into three categories: economic, non-economic, and punitive. Each of these types of damages is described in more detail below.
Having an attorney evaluate the facts from your truck accident case is the best way to ensure you address all your losses. Contact an attorney immediately after a truck accident to discuss your right to recover compensation.
Economic Damages
Economic damages are tangible and physical losses that happen after a truck accident. Economic damages are usually easy to identify. Some examples of economic damages include:
- Medical expenses like emergency care, surgeries, medications, etc.
- Cost of rehabilitative care and physical therapy
- Current and future lost income
- Estimated cost for property damage
- Cost of medical equipment like wheelchairs and home modifications
- The cost of hiring help for domestic chores
However, some accident victims do not identify all of their damages. It is important, to be honest with your attorney when discussing the details of your case to ensure that you make a case to collect all of your damages.
Non-Economic Damages
Non-economic damages include intangible losses after an accident. Non-economic damages are often hard to identify, and truck accident victims might brush off these kinds of losses as unimportant. However, you deserve to recover for all your losses, including non-economic damages.
Examples of non-economic damages can include the following:
- Pain and suffering
- Mental anguish and emotional trauma
- Embarrassment
- Disability
- Loss of enjoyment or reduced quality of life
- Inconvenience
- Loss of consortium
Punitive Damages
Punitive damages are available in specific cases. Punitive damages are not compensable damages, however. Courts award punitive damages not to repay accident victims but to hopefully deter the defendant’s outrageous behavior in the future.
Punitive damages are not always available, however. Speak to a truck accident lawyer to understand your rights to punitive damages in your case.
What Is Pain And Suffering?
Pain and suffering damages might be available in your case, but what does it mean? Pain and suffering refer to the emotional and physical stress caused by suffering an injury. After a truck accident, victims might be entitled to recover for the actual injuries that they suffered and the intangible loss of the inconvenience of suffering the injury. For example, you might recover the cost of treatment for a broken bone and the intangible cost of suffering the pain of a broken bone.
Pain and suffering are hard to prove. The help of an attorney can help you understand whether you suffered pain and suffering losses and develop a strategy to help collect the compensation to which you are entitled.
What If Someone Dies In a Truck Accident?
Commercial trucks are massive machines and have the potential to cause life-threatening injuries. Unfortunately, many people lose their lives in traffic accidents that involve large trucks annually. If you are the surviving loved one of a deceased truck accident victim, you might be entitled to recover wrongful death damages.
Wrongful death laws vary from state to state. You need to speak with a wrongful death lawyer if you lose someone in a truck accident. Potential plaintiffs in wrongful death cases generally can include the following:
- The deceased’s children
- The deceased’s surviving spouse
- The deceased’s parents
Who Can Sue After a Truck Accident?
Plaintiffs must prove each element of negligence listed above. A truck accident victim must show that the truck driver, company, or third party owed them a duty. Typically, all travelers owe a duty to others to drive safely, for example. The victim must show that the defendant or defendants failed to live up to their obligation. The victim must also prove that their losses were caused by the defendant’s or defendants’ failure to perform their duty.
An experienced truck accident attorney can help you understand if you have a case after a truck accident. Speak with a professional if you have suffered an injury in a truck accident.
How Much Is My Claim Worth?
No two truck accidents are the same, so discussing the details of your case with an experienced attorney is vital. The facts surrounding the accident influence the final value of your truck accident claim.
Some facts that can affect the value of your truck accident settlement can include the following:
- Severity of injuries
- Disability and permanence of injuries
- Current and lost income
- Reduced earning capacity and ability to return to work
- Loss of consortium
- Extent of property damage
- Current and future medical expenses, including the cost of ongoing care
- Insurance policy limits
- Emotional and mental trauma
- Reduced quality of life
Who Is Responsible For Paying My Damages After a Truck Accident?
After a truck accident, there are many potentially responsible defendants. As an accident victim, you might have a right to pursue compensation from multiple parties. A truck accident lawyer can help you sort out the accident details and pinpoint who is responsible.
Here are some of the potential defendants in truck accident cases.
Truck Drivers
Truck drivers are often responsible for causing accidents. Many truck accidents are caused by driver error. Accident victims are entitled to recover from the truck driver for their losses. Examples of driver error in truck accidents can include:
- Speeding
- Distracted driving
- Fatigued driving
- Driving under the influence
Trucking Companies
The company for which the driver works can share liability for an accident. Trucking companies must ensure that their drivers are qualified and their vehicles are safe. Examples of claims against trucking companies can include negligent hiring, negligent retention, or negligent retention.
Truck companies might be liable under the legal theory of respondeat superior. Under this legal doctrine, employers are responsible for the negligence of their employees. Companies will try to avoid liability for paying you compensation by claiming that the truck driver is an independent contractor. An attorney can help you determine whether the truck driver is considered an employee or an independent contractor.
Truck Manufacturers and Maintenance Providers
You may have a claim against the truck manufacturer if a part defect caused the accident. For example, if faulty brakes caused an accident, an accident victim might have a legal claim against the brake maker.
Additionally, negligent maintenance may cause an accident. Truck companies may hire a third party to complete regular vehicle maintenance. If the maintenance provider does shoddy work, their negligence can cause an accident. If the accident is caused by negligent maintenance, you might have a legal claim against the maintenance provider.
Cargo Loaders
Improper loading can cause a severe truck accident. Cargo loaders are responsible for ensuring that the materials being transported in a commercial vehicle are securely loaded. Failure to do so can lead to a rollover accident.
Government Entities
Some truck accidents are caused by poorly maintained roads. If a poorly maintained road caused the accident, you might have a claim against the local or state government responsible for ensuring the roads are in good condition. Suing a government entity can be difficult. An attorney can help you understand how to assert your legal rights against a government entity when its actions cause an accident.
How Much Insurance Must Truck Drivers Carry?
The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers and companies to carry a minimum amount of insurance coverage.
Here are the minimum insurance coverages that truck drivers and companies must carry to operate a commercial truck legally.
- Cargo insurance for interstate contract carriers- $20,000.00
- Liability insurance for general freight carriers- $300,000.00
- Liability insurance for hazmat carriers- $5,000,000.00
- Liability insurance for oil transport carriers- $1,000,000.00
An attorney can help you access insurance benefits from trucking companies if you are the victim of a truck accident.
How Can a Truck Accident Lawyer Help Me?
You should have legal counsel whenever you have the right to collect damages from a defendant. Your attorney will help you understand your rights in the following practical ways.
Settlement Negotiations
The settlement negotiations phase is critical to the truck accident claim process. Many truck accident cases are resolved during this stage. Negotiating for full and fair compensation with an insurance company can be difficult without representation. An attorney can help avoid bad faith tactics used by insurance companies that keep you from the compensation you deserve.
Meet Important Deadlines
Truck accident claims, like other civil cases, have important deadlines. For example, every accident claimant must comply with the applicable statute of limitations. The statute of limitations is a deadline for filing a lawsuit after an accident. Missing the statute of limitations can be fatal to your claim. An attorney will help meet all essential deadlines.
Answering Your Legal Questions
A truck accident lawyer will answer your legal questions. Undoubtedly, you will have many questions during the claim process. Getting the compensation you deserve after an accident can be frustrating and confusing. Having an attorney guarantees you access to sound advice and information.
Represent You At Trial
Many truck accident cases are resolved during the settlement negotiations phase. However, if a satisfactory settlement cannot be reached, then your case might continue to trial. Going to trial can feel overwhelming. Your attorney is your advocate, and they will work to present your case persuasively to a judge or jury.
Contact a Truck Accident Attorney Today!
The aftermath of a truck accident can feel isolating. You might feel lost and not know how to get your life back to normal. Getting an attorney’s help can help you get the financial recovery you need to get your life back on track. Contact a personal injury attorney today if you or a loved one has suffered an injury in a truck accident.
Pierre Prialé
Founder and CEO
Over the course of his career, Prialé has handled approximately 2,000 criminal defense and traffic cases, including DUI, reckless driving, weapons charges, and personal injury cases. His dedication to helping clients in difficult and desperate situations has earned him a reputation for being a committed and knowledgeable attorney.
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