Understanding the Types of Damages in a Truck Accident Case

Truck accidents can leave individuals with immense challenges. A crash can cause serious injuries, emotional distress, and financial hardship. If someone else caused the accident, you may get compensation from them. The recovery amount or the compensation covers economic, non-economic, and punitive damages. The victim receives these compensations after they prove the liability in personal injury cases.

In this blog, we have discussed the types of compensation in detail.

Economic Damages you can claim in a truck accident case

Economic damages are the financial losses from your accident calculated by adding up bills, receipts, and pay slips. Depending upon the case, the compensation you could get may include the following:

Medical Treatment

It covers all medical treatment costs. This compensation can include doctor’s consultation fees, surgeries, medications, rehabilitation, and any other necessary medical services.

Loss of Income

If you’re unable to work due to injury or mental illness, you will get compensation to cover lost income for medical care.

Property Damage

Truck accidents can vandalize the smaller vehicle even if the accident happens at low speed. The damage can be your wrecked car, glasses or gadgets. Post-accident, you can collect compensation for repairs or replacement.

Legal Fees

Economic compensation often covers legal expenses, including court costs, expert witness fees, or any charges related to legal procedure.

Non-economic Damages you can claim in a truck accident case

Non-economic compensation covers intangible damages, like pain and suffering, which are difficult to quantify.

Physical Suffering

This covers the physical discomfort and distress caused by injuries, including immediate pain or chronic conditions. Compensation also covers limping, disabilities, and scars that alter your appearance.

Psychological Suffering

This covers compensation for emotional discomfort, which includes feelings like anxiety, depression, grief, or trauma. Some accident survivors might lose interest in activities they used to enjoy, change their eating habits, or feel hopeless. Many also develop a lifelong fear of driving or being near trucks, which can deeply affect their well-being.

Putting a price on such unique and personal pain is complex. It’s important to consult an experienced truck accident lawyer to ensure you receive fair compensation for your specific situation.

Call us for a free consultation at (888) 254-3222.

Punitive Damages you might claim in a trucking accident

Punitive damages are extra payments that a court asks someone to pay as a punishment for their harmful actions. They’re not about compensating the victim but are meant to deter the wrongdoer and others from repeating such behavior in the future. These are awarded in cases of severe misconduct.

Wrongful Death Damage

If a person dies due to someone else’s negligence, their family can file a wrongful death lawsuit to seek compensation for their losses.

The recompense includes:

  • Lost wages and benefits of the departed person
  • Loss of care
  • Funeral and burial costs
  • Pain and suffering tolerated by the deceased before they died
  • Medical expenses from the expired person’s last injury

How to prove liability in a truck accident claim?

When pursuing a truck accident claim, proving liability is crucial to receiving compensation. This involves demonstrating that the accident was due to the negligence of the truck driver, company, manufacturer, or other stakeholders. Here are steps on how to establish liability:

Collecting evidence at the scene

Photos and Videos: Immediately take photographs or videos of the accident scene, including vehicle positions, road conditions, and any visible damages. The evidence provides visual documentation of the scene.

Witness Statements: Gather contact information and statements from witnesses, as these can provide crucial third-party perspectives on the incident.

Police Report: Ensure you file a police report as it becomes an official record of the incident.

Understanding trucking laws and regulations

Federal and State Regulations: Understand relevant trucking regulations, such as hours of service limits and maintenance requirements. Violations of these laws can support your claim of negligence.

Company Policies: Investigate whether the trucking company has enforced appropriate safety policies and training. Non-compliance can be a significant factor in proving liability.

Analyzing the driver's role

Driver’s Logs: Examine the truck driver’s logbooks for any discrepancies or violations of hours of service. This can help you prove fatigue-related negligence.

Substance Testing: Check if there was any alcohol or drug testing done post-accident, as impairment can point to driver fault.

Seek expert testimonies

Accident Reconstruction Experts: These professionals can help interpret the crash dynamics and create a reconstruction of the accident. The analysis helps us illustrate how the event likely occurred.

Medical Experts: Their testimony helps establish a direct link between the injuries and the accident.

Legal aspects

Comparative Fault: Comparative fault in a truck accident can occur when both the truck driver and another vehicle’s driver share responsibility for the incident. For example, consider a scenario where a truck driver speeds and runs a red light, colliding with a car making an illegal left turn. Both drivers broke traffic laws, contributing to the crash. In court, the jury might find the truck driver 70% at fault and the car driver 30% at fault. Under comparative fault rules, the responsibility for damages is split based on each party’s fault. For example, if the total damages are $100,000 and the truck driver is 70% at fault while the car driver is 30% at fault, the truck driver would pay $70,000 and the car driver $30,000. This ensures that both parties get justice.

Statute of Limitations: Be aware of the time limits within which you must file a claim, as missing these deadlines can lose your right to recover damages.

Contact Nordean Law for help

Sam Nordean: Orange County based personal injury lawyer

Determining liability in truck accidents requires in-depth investigations and often legal action to settle the matter. This can make the process lengthy and complex. Additionally, even with evidence in hand, insurance companies may present low settlement offers, further complicating your pursuit of fair compensation.

In such cases, having a skilled truck accident lawyer by your side will make a difference. A skilled lawyer can counter the tactics that insurance companies use to reduce payouts.

Nordean’s advocates have the knowledge, resources, and experience to advocate for your rights. We are dedicated to fighting for fair compensation for individuals and families injured by another party’s negligence.

There’s no fee unless you win, so it’s risk-free. Contact us online for a FREE consultation and start your claim today.

Picture of Author Bio
Author Bio

Samuel ‘Sam’ Nordean is a founding partner of Nordean Law, APC. He is passionate about standing up for people who struggle with accidental injuries and mistreatment from insurance companies. He holds Bachelor’s and Master’s of Science degrees in Biochemistry from Portland State University. He then earned his Juris Doctor degree from Chapman University School of Law. Sam started Nordean Law to commit to helping people who cannot fight for themselves. His strengths are in representing victims in car accidents, fatal accidents, negligence cases and liability accidents.

Picture of Author Bio
Author Bio

Samuel ‘Sam’ Nordean is a founding partner of Nordean Law, APC. He is passionate about standing up for people who struggle with accidental injuries and mistreatment from insurance companies. He holds Bachelor’s and Master’s of Science degrees in Biochemistry from Portland State University. He then earned his Juris Doctor degree from Chapman University School of Law. Sam started Nordean Law to commit to helping people who cannot fight for themselves. His strengths are in representing victims in car accidents, fatal accidents, negligence cases and liability accidents.

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