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January 31, 2025Recoverable damages in a truck accident often fall into three categories: economic, non-economic, and punitive. In contrast to non-economic losses, which are intangible and harder to quantify, monetary damages are those for which you would incur direct financial expenses. Once the party at fault’s guilt is shown, these damages are frequently granted in personal injury cases.
If the negligent party’s behavior was determined to be particularly egregious or deliberate, the court may decide to award punitive damages. During the evaluation and analysis of your truck accident case, we meticulously record your expenditures and construct your compensation case. In order to assist you in avoiding a drawn-out court battle and reaching a fair financial settlement outside of court, we also build a solid case file.
Risks Involved in Truck Crash
Semi-truck drivers need a certain license to operate their vehicles and meet specific requirements. Due to their dimensions and weight, truck drivers have a specific responsibility to keep everyone around them safe. Failure to do so might lead to careless or reckless actions that endanger not just themselves but also those around them.
Passengers in other vehicles were responsible for approximately 75% of the road deaths involving big trucks in 2017, as reported by the National Highway road Safety Administration (NHTSA). Based on these findings, it appears that huge trucks pose a greater threat to the occupants of smaller vehicles during collisions.
Recoverable Damages after Truck Accident
In addition to the $33 billion in lost output and the $18 billion in lifetime medical care costs, the CDC estimates that car accidents cause an additional $11 billion in lost productivity. You can get settlement for injuries sustained in a vehicle accident by either filing an insurance claim or a personal injury lawsuit. The following damages are among the many aspects of your case evaluation that we handle for you:
- Medical expenses, such as prescription drugs, assistive devices, and emergency, routine, and follow-up medical treatment
- Losses to your property, such as the depreciation of your vehicle, despite repairs rather than replacement.
- Earnings from your job or company that you were unable to produce due to an injury or illness.
- Physical harm, mental anguish, and emotional distress caused by the accident’s psychological effects
Establishing the Truck Driver’s Culpability
Finding out how your state’s insurance rules pertain to your truck accident lawsuit is the first step in collecting an award. In the United States, states can choose to require either at-fault or no-fault auto insurance. The only states where drivers can choose their insurance are Pennsylvania, Kentucky, and New Jersey.
When it comes to damages and property deterioration, in no-fault states, your insurance will cover anything up to a specific limit. Most states have minimum coverage limits to make sure everyone is adequately protected. However, if your or a passenger’s damages are more than what your insurance policy covers and you meet the specific requirements in your state, you can get the truck driver to pay for the rest.
If another driver is at fault in a collision in an at-fault state, their insurance company will have to foot the bill for your medical bills. You need to establish liability before you may seek financial compensation from the motorist. In order to prove who was responsible and, if required, to offer a settlement sum promptly, insurance companies frequently initiate investigations into the accident without delay.
The victim may not have had time to evaluate their losses fully, and the payment may not be enough to compensate them. A lawyer can assist you in determining fault and pursuing just compensation after a severe vehicle accident injury.
Factors Contributing to Your Claim
Your case will be influenced by the insurance policy of the party that is at fault. Although insurance is a legal requirement for all trucks, some may need more coverage, which could decrease the compensation. Your salary is also affected by the following:
- How bad your injuries are
- Expected time to recover
- Job title and annual income
- Full destruction of property
In the event that the party responsible assigns some of their duty to you, the amount of damages you are able to recover may be affected by the doctrine of comparative fault or comparative negligence. So, when we take your case, we’ll do whatever it takes to show the other driver was at fault for the collision.
Contact an Attorney Right Away
Your life and physical abilities can be drastically altered in the event of a collision involving a huge truck and your vehicle. Your immediate priority after an accident may be to have your legal issues resolved so you may begin to rebuild your life. We are aware of your preparedness and will work hard to get your case settled quickly. It may take some time for the finances to recover, though.
A comprehensive procedure for investigating a serious truck accident is outlined in the regulations set forth by the FMCSA. The amount of time you have to bring a personal injury or wrongful death lawsuit is determined by two factors: the time it takes to investigate your accident and the statute of limitations in the state where your accident occurs.
By choosing our legal office as your representation, you can be relieved that your issue will be in a timely manner, in accordance with the statute of limitations in your state, and to your maximum satisfaction.
The Insurance Institute for Highway Safety conveys that in 2018, heavy truck accidents killed more than 4,00 persons. Motorcyclists, pedestrians, bikers, and passengers in other vehicles made up 82% of the casualties. Truck accidents are very likely to result in serious injuries or death, and the devastation they impose can have long-lasting impacts on victims and their families.
Having legal representation might help you pursue compensation after a truck accident that caused severe injuries or death. Call 407-244-3000 to talk with an Orlando truck accident lawyer at DWK Law regarding your free case review.