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What Damages are Available in a Truck Accident Lawsuit?

Truck accidents are some of the most serious and consequential motor vehicle accidents in the United States.

Trucking accidents routinely endanger lives and cause all sorts of economic damage and non economic damages to truck accident victims.

When a truck driver negligently causes a truck accident, car accident, or other motor vehicle accident, you need to know what damages are available in court or settlement with an insurance company to make up for your harms like medical bills, pain and suffering, lost wages, property damage, or other lost income.

Truck accident victims may bring a truck accident lawsuit (wrongful death, personal injury cases, etc.) with a truck accident attorney or skilled truck accident lawyer and law firm to account for that.

For legal advice and a free case evaluation on truck accident cases, contact Rosenfeld Injury Lawyers today. In an attorney client relationship, we can review your serious injuries and discuss how truck accident lawsuits may make just compensation through a fair settlement possible for you and your family.

The following sections review damages in the context of truck accident cases. Discuss them with your personal injury lawyer for more information.

How Do Most Truck Accidents Happen?

Despite the complexity of our roads and the large commercial vehicles (i.e. tractor trailers) that travel upon them, most truck accidents occur in similar ways, per our case experience and review of relevant police reports.

Here is a set of frequent contributors to large truck crashes:

  • Truck driver distraction: Just like other motor vehicle collisions, distraction affects truckers as well and can be seen in the form of texting while driving, social media participation, or even watching videos.
  • Truck driver error: Sometimes the accident was caused by errors in driving even though the trucker did not mean to cause them. The trucking company’s driver might have overturned, not slowed down enough, or committed some other error which led to the incident.
  • Truck driver intoxication: Drunk driving is still one of the biggest contributors to truck crashes in most states. Intoxication generally causes more and more serious injuries and deaths each year.
  • Truck driver fatigue: Truck operators are pushed to drive more and more each day and asked to put aside even sleep in that vein. Despite their best efforts, this lack of rest results many crashes and related personal injury and costs.
  • Weather/Road: Dangerous roadways and weather conditions sometimes make accidents all but certain and that is no different in the context of large truck transportation.
  • Third parties: In certain circumstances, other drivers and parties (i.e. pedestrians, motorists, bicyclists, etc.) force truck drivers into dangerous situations making an accident all but impossible to avoid.

Your settlement amount or settlement offer will depend upon the trucking company’s and truck driver’s negligence, how the accident occurred, how you suffered injuries, and how you can prove negligence in the trucking accident.

This will require expert legal advice and a critical review of your medical records, property damage, economic damages, and other losses as a result of the semi truck accident before you file a trucking accident case, wrongful death lawsuit, or similar action against trucking companies (or just one trucking company) as well as insurance companies.

An auto accident victim from the trucking accident should consult a skilled attorney in a free consultation for legal representation about the truck accident case including the recovery process, demand letter, settlement offer, and average settlement.

We have millions recovered in financial compensation from a semi truck accident settlement for medical expenses and other expenses that a victim experienced and can help you too!

Injuries and Costs that a Truck Accident May Cause

As a result of your large truck crash, you may have one or more of the following negative consequences:

  • Personal Injuries: Broken bones, scarring, concussions, herniated disc, shoulder damage, and other personal injuries are quite common in these situations.
  • Out-of-Pocket Losses: Missed paychecks, hospital bills, prescription costs, auto repair bills, and other financial tolls come about frequently after these collisions with large trucks.
  • Intangible Damage: Many victims of truck crashes report intangible harms like disability, loss of self-esteem, estrangement from family and friends, reduced quality of life, and other effects.
  • Loss of Loved One: More often that you may imagine, these accidents result in the loss of someone’s life. If your loved one or family member passed away as a result of trucker negligence, then you may have lost support, lost companionship, and increased expenses due to his or her death.

Talk to us today about a personal injury case and the costs that came about because of the truck accident as well as any severe injuries (especially if they required you to seek medical attention) you experienced.

Nearly all of them are recoverable in a court of law from a trucking company or in a truck accident settlement with an insurance company or multiple insurance companies.

What Do I Need to Prove in a Claim against a Truck Driver, Truck Companies, or Insurance Companies?

Like every other motor vehicle crash case, you need to plead and prove a defined set of legal items in order to obtain relief and compensation.

Here is the general list of things you need to consider in your cause of action.

  • Duty. Did the defendant owe you a duty to do something or abstain from doing something? Normally, this is sufficed by pleading the defendant owed you a duty not to crash into you or otherwise primarily cause or substantially contribute to a truck collision.
  • Breach. Did the defendant breach that duty? Plaintiffs in truck litigation accomplish this prong of their suit by citing facts from their particular accident like speeding, rear-ending, swerving, turning left into them, or something else.
  • Causation. Did the defendant’s breach of the duty he or she owed you cause your injuries like pain and suffering or costs related to the accident? You need to eliminate intervening causes or third-party negligence as well as assumption of risk when you make this point.
  • Damages. Have the injuries you suffered from this event and the defendant’s breach resulted in tangible damages?

Here you can demonstrate how economic or non-economic damages flowed from this crash but may also cite punitive damages if the at-fault party’s conduct was so reckless that you believe the court should find them warranted.

Answering these issues should show how the defendant’s negligence directly caused your personal injury or the wrongful death of someone else.

This will help you in court and with an insurance company should you choose to bring a claim.

For more information, call our law firm to get a free case evaluation about truck accident settlements from trucking companies or even an insurance company.

What Compensation is Possible in a Truck Accident Lawsuit?

We remind every client that their truck accident damages will be based entirely on the injuries they suffered as a result of the event as well as any related costs or expenses. No case is the same and you should look only to the circumstances of your crash to guide you.

However, there are some common sources of relief that you may check right after your collision including lost wages, health care bills, physical injury, emotional trauma, and long-term disruption in your quality of life.

These generally break down into the following categories: economic damages; non-economic damages; wrongful death damages; and punitive damages.

Remember, you must plead and prove each of them one by one. You cannot point to relief in other cases as dispositive.

To understand the different areas of damages and relief available to you in truck accident litigation, and how best to prove them in court, talk to our experienced truck accident lawyers.

Talk to a Truck Accident Attorney Today about Your Case

Rosenfeld Injury Lawyers LLC has worked tirelessly for years to assist large truck accident victims and their families.

We know the extraordinary impact these events can have on your life and will stop at nothing to make sure you get everything allowed under the law.

All of our law practice areas involving accident and fatality cases with large commercial vehicles and a trucking company are handled on a contingency fee basis, where we only receive a fee for our work from a client when we are successful in obtaining a settlement or verdict on your behalf.

Contact us for an obligation-free consultation about your rights today. See what help and financial compensation may be in store for your family through a dedicated attorney client relationship.