What Damages Can Victims Collect After A Truck Accident?

Truck accidents often have devastating consequences that may last a lifetime. If a vehicle weighing tens of thousands of pounds hits you, you’re likely to sustain physical injuries, mental trauma, and emotional distress. You might also face financial losses due to mounting medical expenses and lost wages. However, you can seek compensation for these damages, especially if you didn’t cause the accident.

The country’s legal system allows victims of truck accidents to hold the at-fault parties accountable and recover damages for their injuries. These usually come in monetary compensation, covering economic and non-economic losses. You may also file a wrongful death claim if your loved one dies from the tragedy. In very rare cases, you may even be awarded punitive damages.

Generally, the damages you will recover depend on the specific details of your case. Different factors also need to be considered and proven. Moreover, it takes the expertise of a good truck accident lawyer to fight for and win what you rightfully deserve.

What Damages Can You Recover After A Truck Accident?

Victims who suffer injuries or lose a loved one in a truck accident involving semi-trucks, dump trucks, delivery trucks, big-rigs, or any other commercial vehicles are entitled to compensation for the resulting economic and non-economic damages. Although the settlement won’t take away your pain and suffering, it can help you pay for your medical bills and other damages and provide financial support through your recovery.

If you are a victim of an accident caused by big rigs or other large vehicles, you may recover the following damages:

Economic Damages

Economic or special damages refer to the measurable and tangible monetary losses you incurred from the truck accident. The purpose of these damages is to help you get back into the financial position you would have been in if the tragedy hadn’t occurred. Some examples of economic damages you can obtain are:

Medical Expenses

As a truck crash victim, you have to seek medical attention to recover from your bodily injuries, regardless if they are mild or severe. However, getting medical evaluation and treatment is expensive. Ambulance rides, for example, are no longer affordable for the average American. Depending on your location, you can be looking at an ambulance bill between $500 and $1,200.

Sadly, the expenses don’t stop there. Depending on your injuries, you may require surgeries and ongoing treatment to help you get better. Nevertheless, you can be compensated for any medical expenses related to the accident. These expenses include:

You must keep copies of your medical records and bills. That way, it will be easier to compute how much you spent for your entire recovery period. To officially document your medical-related losses after a truck accident, visit your doctor as soon as possible.

The negligent party’s insurance company might downplay the extent of your injuries if you fail to get immediate medical care. It is crucial to follow all treatment recommendations from your doctor diligently. Failing to do so could give the truck driver or their insurance provider grounds to argue that you did not take the necessary steps after the accident.

Lost Wages

The injuries you sustained in a traffic accident involving trucks might prevent you from working. The more catastrophic your injuries are, the longer your healing process will be. Consequently, you may have to take more time off from work, putting your finances at stake. Even if you have paid time off available, the impact of the accident and injuries to your livelihood will likely be drastic.

If your injuries hinder your ability to work, you may be entitled to claim lost wages. Additionally, you may be paid for missing out on job opportunities, such as a promotion or a new business venture. Most of the time, computing your lost wages is straightforward: multiply the hours you couldn’t work by your hourly rate. However, hiring a lawyer who helps truck accident victims may be beneficial to ensure all your current and future wages and work benefits are accounted for.

Property Damage

18-wheelers are so big that they can cause significant damage to any vehicle they come in contact with. Even in low-speed collisions, these road giants can crush a smaller vehicle. You may be able to receive compensation for the repair or replacement of your car after a crash. Aside from your car, you may also get paid for broken or destroyed personal possessions. Examples are electronics, watches or other jewelry, prescription glasses, and more.

Legal Fees

Victims are often hesitant to seek help from a truck accident attorney, thinking they need to pay the attorney’s fees out of pocket. However, many personal injury lawyers who handle truck accident claims work on a contingency fee basis. Under this arrangement, victims will not be obligated to pay anything upfront. Instead, your lawyer will only get a small percentage of your settlement once they win your case.

Non-Economic Damages

Non-economic or general damages are handled differently from economic ones. They aim to compensate for the physical or mental pain the accident caused. However, they are subjective and difficult to assign a dollar value to.

Civil courts usually calculate non-economic damages by thoroughly assessing the impact of the truck accident and other relevant aspects of your case. These may consist of the following:

In order to determine the maximum value, these damages must be carefully evaluated by a skilled truck accident lawyer.

Damages For Wrongful Deaths

You or a family member may file a wrongful death claim after a loved one passes away in a truck collision. With the help of a personal injury lawyer, you may recover compensation for things like:

• Lost wages or benefits.
• Loss of companionship or care.
• Medical expenses before the victim passed away.
• Costs of funerals and burials.
• The pain and suffering that the victim and their family went through before the person died.

Punitive Damages

Although rare, the court may award punitive damages in some truck accident cases. These damages aim to punish the negligent parties and discourage similar behavior in the future rather than help victims get back into good financial standing. They are typically awarded when the defendant’s actions demonstrate fraud, malice, or willful misbehavior.

How Much Can You Collect For Your Truck Accident Damages?

Your settlement may vary from thousands to millions of dollars, depending on the extent of your damages and the resulting losses.

The total compensation victims can collect in a truck accident claim depends on several factors, including the severity of their injuries, the complexity of the accident, liability, and others. Traffic accidents caused by trucks typically lead to higher compensation than those involving passenger cars. Trucks are heavier and larger than other vehicles, making them more likely to cause severe damage.

Factors Influencing Truck Accident Damages

The amount of compensation awarded in a truck accident case depends on a variety of factors. These include the following:

• Determining Fault And Liability — Identifying the at-fault parties is critical. You will likely receive higher compensation if you prove that the truck driver or their employer is completely to blame for the accident. Analyzing evidence, such as accident reports and witness testimony, is necessary to assign liability.
• Insurance Coverage Limits — The amount you receive may also vary depending on the scope of the at-fault party’s available insurance policy. If they are underinsured or uninsured motorists (UM/UIM), they might be unable to pay all your losses. Recognizing these limits enables you to set reasonable expectations for your potential compensation. It might also be necessary to look into alternative sources of compensation in situations where damages exceed these caps.
• The Trucking Company’s Role — The trucking company may be held accountable if it neglects necessary vehicle maintenance. It must ensure its vehicles are safe and adhere to strict standards.
• Evidence And Documentation — A well-documented case with strong evidence of damage and negligence is an advantage. The right evidence helps you establish who is at fault and explain how much damage you have suffered. The more compelling your evidence is, the harder it is for the opposing parties to deny your claim.

The Importance of Recovering Damages After A Truck Accident

One minute, you’re driving, and the next, a truck slams into your car, throwing you off the road. The next thing you know, you’re severely injured and confused about how you got into that situation. Road collisions involving trucks may cause damage that can negatively affect you and your family for a lifetime.

In this situation, it’s best to seek compensation through an insurance claim or personal injury lawsuit to help with the significant expenses you’ll likely face. Getting compensated for your losses can prevent financial hardship that worsens your pain and suffering.

Here’s why recovering damages is crucial:

Injuries Can Lead to Steep Medical Bills

The aftermath of a truck accident can be a double blow. Painful injuries often require extensive medical attention, leading to a mountain of bills. Unfortunately, healthcare isn’t free, and these costs can quickly become overwhelming, especially if ongoing treatment is needed.

Seeking compensation for your damages can provide much-needed peace of mind. Medical expenses fall under economic damages, and a successful claim can reimburse your medical bills for the following injuries:

Missed Work During Your Recovery Leads To Income Loss

Victims of truck accidents often incur serious bodily harm, which may result in long periods of recovery and missed work. If you sustain permanent physical impairment, you might never be able to return to work. When this happens, your lifetime earning potential and quality of life will be greatly affected.

Nevertheless, you can seek compensation for the following:

The damages you obtain for your lost wages will help pay your bills and compensate for your lost income. These will also allow you to save up to train for a new skill or profession.

Other Losses May Arise In The Future

Truck accidents have lasting consequences, both physically and financially. While the initial pain and suffering are undeniable, many victims underestimate the long-term financial impact. Truck accidents can cause future losses that extend far beyond the immediate aftermath.

Considering the serious consequences, obtaining compensation for these anticipated losses is important. Projected damages consider how the accident will impact your life over time. They can be awarded to those who:

• Have permanent injuries, such as physical disabilities, disfigurement, or paralysis
• May never work their current job again
• May see changes in quality of life due to their injuries

Pain & Suffering Is Common

Large trucks are typically 20 to 30 times heavier than passenger vehicles. Due to their sheer size, they pose a greater threat to road users. If a truck hits you, you’ll likely sustain serious injuries, causing significant pain and suffering. A back injury, for instance, may result in chronic discomfort that makes it difficult for you to carry out regular activities.

You can seek compensation for these long-term effects. Although it is challenging to quantify pain and suffering, the court considers the severity of your injuries and the impact on your life to determine a fair amount.

What To Do After A Truck Accident

Getting into a truck accident can leave you feeling confused and overwhelmed. However, you must stay calm and be conscious of your next steps. Remember that your actions at this stage will either help or prevent you from getting compensation for your damages.

Here are some things you should do following a truck accident:

Prioritize Safety

If you or anyone else involved in the accident has sustained serious injuries, dial 911 immediately for emergency medical attention. Even if you feel fine or think you don’t require immediate care, you should still get checked by a doctor right away. The adrenaline surge can be intense, so the pain may take some time to manifest. Furthermore, some types of injuries aren’t immediately apparent after the accident.

Additionally, you will likely need to consult medical professionals, especially since this is vital to your insurance claim. Obtaining medical attention will make the insurance company aware that your injuries are severe enough to require costly treatments.

Stay At The Scene And Report The Accident To The Police

Leaving the scene of an accident involving injuries, vehicle damage, or fatalities is prohibited by law. Absconding puts you at risk of hit-and-run accusations. The California Vehicle Code requires filing a report for accidents resulting in serious injuries, property damage, or fatalities. You should call the nearest police department to notify them about the incident.

Furthermore, you must keep your vehicle in its original position unless it poses a safety risk. Preserve the accident scene by activating hazard lights and not moving your car.

Upon arrival, the law enforcement authorities will examine the site, interview you, and document the accident scene. You can request a copy of the accident report for your records, serving as evidence if you file a truck accident claim later.

Document The Accident Scene

Take relevant pictures and videos using your phone if you can. You may also request a copy of the footage stored in the dashboard cameras of the involved vehicles or closed-circuit televisions (CCTVs) installed in nearby establishments.

Capture the following:

Photographs of the accident scene, taken from multiple angles, can document the damage and any road conditions that may have contributed. They may also help you track the healing process of your wounds.

The black box data is another vital piece of evidence that can help your case. This electronic onboard recording device keeps track of the trucker, the vehicle’s condition, and related data before the accident occurred. These include the following:

The black box may also store the truck’s daily inspection logs and documents filed by the trucker to their employer. This information can be very powerful evidence; therefore, acting quickly to obtain it is important. A skilled lawyer working on truck accidents can help you recover the black box before anyone tampers with it.

Exchange Information

Exchange the following details with other involved parties while you are on the scene:

• Name, phone number, address, and email address
• Insurance information and policy number
• Driver’s license number

If you’re involved in an accident with a commercial truck, ask for the driver’s name and contact information. Also, check for any distinctive markings or decorations on the truck. This information can be crucial if the driver was on the job and acting within the scope of their employment at the time of the accident.

Talk To Witnesses

Look for possible witnesses who are still at the accident scene. Ask about what they saw and whether they would be willing to make a statement. Request their name and contact details. Your lawyer for truck accidents may reach out to these witnesses to obtain their testimony, which can support your claim.

Notify Insurance Companies

Contact your insurance company directly after a truck crash and provide all the basic details. They will help you make a claim that may pay for any harm or damage you incur. However, you should be careful not to say sorry for the accident or offer to pay the other driver money.

These statements may imply you’re guilty when, in fact, you’re not. Your insurance company might also ask the law enforcement authorities for more information. If they do this, you must tell them you have proof and are ready to give it so they can start processing your personal injury case.

Besides initiating your claim immediately, you might wonder about other reasons why you need to report the truck accident to insurers. The truth is your contract requires you to notify the insurance company about an accident. Each policy is different, but most insurance plans direct that you report the accident within 24 hours to a month. Ensure you give your insurance provider enough time to investigate the claim, determine the extent of the damage, and determine who is responsible.

Generally, you should always know what your insurance policy says. Many policies say you have a “duty to tell” and “cooperate” with the claim adjusters after an accident. If these terms don’t make sense, look at your contract. Better yet, talk to a lawyer specializing in truck accident claims who can help you understand what you agreed to.

Seek Legal Guidance

After a catastrophic truck accident, the last thing you should worry about while recovering is navigating complicated legal processes. A lawyer can be your trusted ally during this challenging time. They know everything about the trucking industry, the rules that govern it, and how to deal with big insurance companies. Consult a good attorney who can manage your truck accident claim.

A personal injury lawyer can help you counter the dirty tactics of insurers and ensure your rights are protected. They will speak up for you and give you expert advice. Having a legal advocate can help you feel less stressed and greatly improve your chances of a successful outcome.

Important Tips To Strengthen Your Truck Accident Claim

Here are some tips to ensure the most favorable result for your claim for damages:

Be Cautious With What You Say

If the other party’s insurance adjuster contacts you, avoid explaining too much, admitting fault, and accepting lowball offers. This caution also extends to social media. Anything you say can be misinterpreted or used to weaken your case. Refrain from commenting on accident reports online, as these statements may be used against you.

Before talking to the insurance adjuster or sharing details online, seek guidance from lawyers specializing in truck accident cases who can advise you on what you should and shouldn’t do.

Get Your Vehicle Appraised

Get your car checked, even if it looks fine. Undetected frame damage could seriously compromise your car’s safety and value. Identifying and addressing the issue early on can help strengthen your claim for compensation.

It’s crucial to keep the assessment simple. First, you must inform your insurance company of your plan to repair your car. They will suggest an auto body shop that can give you an estimate of the potential cost. If you think the amount is reasonable, you may allow your insurer to communicate with the shop’s authorized representative.

However, you may also express your disagreement if you find the value too low for the property damage. In this case, you may bring your car to another auto repair shop to inspect and calculate the possible cost. Don’t forget to take pictures of the damage. You must then send the estimate to your insurance provider and request their approval to start the repair.

Keep Records Of All Accident-Related Bills

Keeping track of your receipts and other documents is essential when seeking compensation for damages. You must compile all relevant records, including doctor appointments, treatments and surgeries, purchase of prescriptions, and auto repairs. Your insurance company will request these to support your claim and compute the exact value of your damages.

If you disagree with the proposed amount and decide to take appropriate action, your legal team will also need a copy of all your financial records. The attorneys handling your truck accident case should be able to assess these records thoroughly to ensure you get adequate compensation.

Do Not Miss Your Deadline To File A Truck Accident Claim

Following a truck accident, filing a lawsuit against the negligent parties may not be your immediate aim. You might want to prioritize your recovery from injuries first, which may take months or even years. You might also wait for a proper estimate of your losses. Nonetheless, you should know that waiting too long to take legal action could result in losing your right to financial compensation.

In the U.S., each state has statutes of limitations that establish specific deadlines for initiating legal proceedings or filing claims. California, for example, allows victims two years from the accident date to file a case. After this period, the court may ignore your lawsuit regardless of its validity and reject it without further review. Even if the judge permits you to pursue legal action, the opposing party will point out that you submitted your claim late. Their notification to the court will still result in the dismissal of your case.

However, the court may set a different time limit, especially if your case involves the following:

It’s crucial to consult with a legal professional promptly after a truck accident to understand your rights and the applicable deadlines. They can advise you on the specific statute of limitations relevant to your case and ensure all necessary paperwork is filed on time. It is important to act fast as it can significantly impact your ability to seek the compensation you deserve for your injuries and losses.

Who Is Liable In A Truck Accident?

Like other motor vehicle accidents, truck crashes may stem from the negligence of multiple parties. The more entities you can hold accountable, the higher your compensation for your damages.

Here are a few potential defendants for your claim or lawsuit:

The Truck Driver

In a truck collision, the trucker is among the first people to be investigated. Truckers are mandated by law to exercise due care to prevent accidents. They must also adhere to various laws, such as the safety regulations implemented in California. Unfortunately, many of them breach this duty and instead cause harm.

Some truck drivers become overworked and exhausted while attempting to meet tight deadlines despite the strict implementation of the hours-of-service rule. This behavior is risky for other motorists, as it can compromise safe driving skills and lead to crashes. Meanwhile, others commit driving errors, such as hitting the road while intoxicated or distracted.

You may be able to sue the truck driver directly if their negligence causes you injuries.

The Trucking Company

Truck companies must abide by specific federal, state, and local standards and safety precautions. These may involve limiting their drivers’ working hours and the weight of their vehicles. They must also ensure their drivers are safe on the highways.

If trucking companies break laws, they may be considered negligent and liable for damages under the vicarious liability rule.

The Shipping Company

Entities that ship products via trucks have many responsibilities to uphold to ensure safe travels. Federal law mandates that they confirm their truck driver’s or trucking company’s registration, compliance with safety rules, and insurance information. Shippers may be held accountable if they fail to perform these obligations and accidents occur while delivering their loads.

Other instances that make them negligent are the following:

• Violating federal, state, and local trucking laws, such as pressuring their truckers to prolong their driving time or hours of service
• Employing drivers with less experience or negative records
• Failure to inspect their trucks’ condition

In other cases, shippers are held liable when their freight directly harms road users. For instance, a bulk shipment that is not tightly secured falls off the trailer during a trip and smashes a car. Here, injured passengers of the crushed vehicle may file a claim against the shipping company.

The Truck Manufacturer

Not all truck accidents occur due to someone’s negligence. Other times, large trucks crash due to malfunctioning vehicle parts. In this case, you may have the option to file a lawsuit against the manufacturer.

According to the product liability rule, victims may sue anyone involved in producing, manufacturing, and selling defective products that cause accidents. Under this principle, responsible parties are held liable regardless of whether they intentionally committed the error.

If you think you have a case for product liability, you should know that you don’t need evidence for the defendant’s negligence. However, you should prove that the defective product was dangerous.

The Truck Maintenance Service Provider

Large trucks must undergo regular inspection. Proper maintenance enables truckers and their companies to discover deteriorating vehicle parts that need replacement. If they neglect this aspect, they will likely overlook emerging mechanical issues.

If an auto defect like brake failure contributes to a truck accident, you may hold the maintenance service providers liable for the accident. Technicians and repair companies may also be responsible for the consequences if they fail to conduct quality work.

Government Entity

Truck drivers or their employers aren’t always the parties responsible for accidents involving their large vehicles. Some tragedies happen beyond the control of any individual.

Consider the possibility that the accident occurred due to dangerous road conditions, damaged or absent signage, or any other aspect of the road’s state. In that situation, the government agency in charge of keeping the roads safe may be deemed at fault.

Determining Liability In A Truck Accident Case

While victims of truck accidents have legal grounds to seek compensation for their damages, this doesn’t imply they can automatically obtain their desired amount. They must first demonstrate liability, which, in turn, requires identifying the negligent parties.

Negligence can be established through these components:

• Duty Of Care
  The first step is to prove that the accountable individuals are responsible for exercising reasonable care. In a truck accident case, the responsible parties may include the truck driver, the trucking company, and others. Truckers are legally obliged to drive safely and avoid colliding with other vehicles. Several entities, such as trucking companies, are also responsible for checking on truck drivers and their vehicles to ensure safe transportation.
• Breach Of Duty
  Crashes occur when some parties fail to fulfill their responsibilities. This is known as a breach of duty of care. An example would be a truck driver causing a collision after speeding or driving while intoxicated. Similarly, a trucking company breaches its duty if it fails to conduct routine maintenance or permits a careless trucker to get behind the wheel.
• Causation
  Next, you need to prove that your injuries directly resulted from the truck accident. To do this, you must present evidence, such as an incident report and medical records, that explains the circumstances of the incident and the resulting bodily harm.
• Damages
  Finally, you must show that the injuries you incurred led to various damages, be it economic or non-economic. For this reason, you must keep copies of your medical bills, invoices, and other documents, as these may detail the expenses and losses you suffered. These will also help the insurance company or court compute the value of your damages.

How Can Comparative Negligence Affect Your Claim For Damages?

States all over the country follow a specific comparative negligence rule. This legal doctrine assigns fault to each responsible party, making it possible to divide the overall liability and increase victims’ potential compensation.

If you get injured in a truck accident, you may pursue legal action against the responsible truck driver to seek payment for your damages. Additionally, you may hold the employer, truck manufacturer, and other parties accountable, depending on the specifics of the incident.

California, in particular, is a pure comparative negligence state. This system allows injured individuals to recover damages even if they’re found to be 99% at fault. However, their settlement may be reduced according to their percentage of liability.

For instance, if a judge deems you 18% responsible for a truck accident and declares your damages amount to $120,000, you may be eligible to recover up to 82% or $98,400 worth of compensation.

Why You Need A Truck Accident Attorney To Recover Your Damages

While hiring a truck accident attorney is not required, doing so can greatly benefit your case. Having the best legal team working on your case will likely lead to a larger settlement for your losses than handling everything alone.

Truck accidents involve multiple parties, including truck drivers, large corporations, and their legal teams. Additionally, at-fault parties may include independent entities that hire truck drivers or oversee cargo loading. Expertise is crucial to establishing who is accountable for the accident.

Furthermore, obtaining compensation that covers all your damages requires aggressive representation. For this reason, it’s crucial to have good attorneys skilled in advocating for justice and your best interests. They will help you navigate the complexities of these cases and protect your rights.

When Do I Need to Sue for a Truck Accident?

Truck accident lawyers normally attempt to negotiate first with the parties involved in the collisions before resorting to a lawsuit. However, they may escalate your case to a trial when the situation demands it. Legal action may be necessary when the insurance company falls short or refuses to cover all your expenses.

Although federal law strictly directs truck drivers to maintain a minimum insurance coverage, not all adhere to this. Some are underinsured, while others are uninsured. With this, your team might struggle to get compensation for your damages. Even if you win a lawsuit against a UM/UIM, additional steps might still be needed to secure full reimbursement.

Meanwhile, out-of-court discussions may not work if defendants and their insurance companies don’t agree with your reasonable terms. They may insist on giving lowball offers so they won’t compromise their financial interests. A recourse process becomes essential to deal with this situation.

What Does a Truck Accident Lawyer Do?

Coping with injuries is challenging, and the complicated legal process involved in truck accidents will greatly impact your recovery. This problem can be resolved with the help of qualified attorneys for truck accident victims. They will manage your case from start to finish, which may include representing you in court trials.

Here are the specific steps lawyers handling truck accident claims will take to win your case:

Conduct Investigations

Your truck accident attorneys will scrutinize the details to determine how the incident happened. That way, they can identify the negligent parties and establish your case’s strength and validity. In this process, your legal team will also gather solid evidence to support your claim. Examples are: 

• Pictures and videos of the accident scene, injuries sustained, damaged properties, and skid marks
• Witness statements
• Video footage from nearby establishments
• Incident report
• Medical records
• Medical bills and invoices

Your truck accident attorneys will build a strong case based on the accident-related information they gather.

Lead Communications

Hiring the best lawyers for your truck accident case also means having effective communicators by your side. Your legal team will take charge of all communications with defendants, insurance companies, and other parties needed to be involved in your case.

For instance, your attorneys for truck accidents will initiate sending a demand letter to the at-fault party’s insurance provider after a thorough examination of the incident. This demand outlines the specifics of the accident and requests a specific monetary amount to address the victim’s claim for damages.

Negotiate With Insurance Companies

Hiring a truck accident attorney means having an effective negotiator on your side. Without a skilled legal representative, victims like you will have difficulty obtaining maximum compensation for your damages.

Insurance companies are notorious for questioning the validity of your documents so that they may reject your claim. If they can’t deny your case, they may aggressively shift the blame on you to justify their low offer.

However, competent truck accident lawyers won’t allow these dirty tactics to work. They will review your insurance policy’s terms and conditions, calculate your damages, and talk with the insurance companies. They won’t allow you to settle for the minimum amount.

However, if these insurance companies persist in making unreasonable offers, your attorneys will file a complaint against them. This step marks the beginning of a lawsuit, in which the responsible parties are usually given 30 days to respond.

Prepare For Trial

During the discovery stage of the lawsuit, your attorneys managing your truck accident case will diligently organize the available evidence, review relevant laws, and prepare a legal strategy. They will also start drafting pleadings, formulating requests, conducting witness interviews and depositions, and getting ready for trial. When the trial starts, your attorneys will represent your interests before a judge or jury.

Statistics On Truck Accidents

Every year, more than 4,000 Americans die in truck accidents. The National Safety Council reported that about 5,700 large trucks were involved in fatal crashes in 2021. Truck accidents happen for numerous reasons. Depending on who caused the accident, you may be able to sue them for damages. The negligent party or parties should cover your accident-related expenses.

Frequently Asked Questions (FAQs) About Truck Accident Damages

How Are Truck Accidents Different Than Car Accidents?

The significant size difference between trucks and cars plays a major role in the severity of injuries sustained during a collision. On average, trucks are 30 times heavier than cars. This difference means:

• Trucks have higher ground clearance. If underride accidents, smaller cars may get trapped underneath large vehicles, causing serious physical damage to occupants of the smaller car.
• Large vehicles require longer stopping distances, up to 40% more than passenger cars. This increased distance poses a significant risk, especially in emergency braking situations.
• Passengers of smaller cars are in a more vulnerable position when trucks hit them.

If you get injured in a truck accident, you’re most likely to receive higher compensation, given the catastrophic injuries you have to endure.

What Usually Causes Truck Accidents?

Various factors can lead to truck accidents, but some of the most frequent ones our lawyers observe are as follows:

The cause of a truck accident usually serves as the legal basis when filing a claim for damages.

Can I File A Claim After Being Hit By A Semi-Truck?

After being involved in a semi-truck accident, you might wonder whether you have a case against the truck driver or someone else. Most often, the answer to that is yes. However, the strength of your case may vary depending on the details of the incident.

It’s crucial to consult a lawyer specializing in truck accidents to determine whether you have a valid case. Factors such as driver negligence, truck maintenance issues, and compliance with federal regulations can all impact your case.

It’s crucial to consult a lawyer specializing in truck accidents to determine whether you have a valid case. Additionally, gathering evidence like police reports, medical records, and witness statements can help strengthen your claim.

How Do I Find The Best Truck Accident Lawyer?

Hiring the best personal injury attorneys is important if you are considering taking legal action after a truck accident. To do so, you can follow these steps:

• Ask Friends And Family — If you know someone who has filed a truck accident claim, ask about the attorney they worked with. If they give glowing reviews, you should schedule a free consultation with the same legal team.
• Search Online — Use your state bar association’s website for legal referrals. This step will help you discover an attorney’s specialization, location, and record as a law practitioner. You may also visit the websites of powerhouse attorneys like Arash Law.
• Meet For An Initial Consultation — After talking with your friends and relatives and doing online research, you probably have a list of attorneys you are considering. The next step is to meet them personally. Most personal injury law firms offer a free initial consultation where you can discuss your cases and assess whether they’re a good fit.

Many law firms may claim they have the best lawyers to manage your truck accident case, but you must be careful in your search. Remember, the success of your claim for damages depends on the expertise of your legal representatives.

How Much Will It Cost To Hire A Truck Accident Lawyer?

Following a catastrophic truck accident, you might have to deal with piling medical bills, costly repairs to your damaged property, and lost wages from missed workdays. Hiring an attorney for truck accident victims may even be the last thing on your mind if you’re worried the costs of their services might only add up to your expenses. However, it’s important to know that hiring an attorney for your personal injury claim won’t cost you out-of-pocket expenses.

Nowadays, many injury law firms do not charge upfront fees for their legal services. Their attorneys take truck accident cases on a contingency fee basis, which means they only get paid if they win.

The percentage of the lawyer’s fee varies according to your agreement with the law firm. However, their fees are drawn from your final settlement or award. With this arrangement, you are given a fair chance to fight for your rights without facing significant financial hardship.

How Much Is My Truck Accident Case Worth?

The fact is, it’s challenging to determine the appropriate value of your damages. Your settlement amount will depend on various factors, including:

Considering that there’s no exact formula for this, you should consult lawyers who handle truck accident cases immediately. They will advise you on the best course of action to take to ensure your losses are covered.

Initially, your personal injury lawyers will evaluate the specifics of your case and compute the potential value of your damages. They will then negotiate for that amount with the insurance companies. Your attorneys will initiate litigation if the latter doesn’t agree to your demand. Here, it’s up to the judge to decide how much your exact settlement will be.

Normally, the court will employ various means to calculate the precise amount. For economic damages, they will simply sum up your available bills and invoices. A different method is used for non-economic damages. The most common is the multiplier method, which follows the formula: economic damages + (economic damages x multiplier). The multiplier refers to the impact of the truck accident on your life, with the lowest set at one and the highest at 5.

However, if the court finds you partially liable for the accident, your compensation shall be reduced in proportion to your share of liability.

Do You Pay Taxes On Lawsuit Settlements?

When a personal injury lawsuit is settled, plaintiffs may want to recover their full compensation minus the contingency fees paid to the attorneys for their services. The good news is that settlements are generally tax-free. However, certain types of damages may be taxable, and this condition differs from state to state.

In California, for example, taxes may need to be paid for the following damages:

Meanwhile, the following damages are non-taxable when awarded by courts in the Golden State:

Generally, settlements granted for physical-related damages don’t have tax, while the rest come with charges.

Will The Insurance Company Limit What Damages I Can Collect?

Insurance companies do have limits on how much they will pay per policy for a claim. There’s a chance the at-fault party’s insurance policy might not cover all your damages.

Following this, your lawyers working on your truck accident case will look for more avenues to compensate for the remaining damages. They may consider the following options:

• Your UM/UIM insurance coverage, if you have any
• Personal injury protection (PIP) insurance, if you have it
• The defendant’s assets

Truck accident victims often sustain severe to fatal injuries. Additionally, they may need to undergo several expensive medical procedures to recover fully. That’s why your personal injury lawyers will strive to obtain maximum compensation.

Can Legal Fees Be Collected In A Truck Accident Claim?

In most cases, the overall compensation you receive from the negligent parties covers the cost of hiring a lawyer to handle your truck accident case. This compensation includes both legal and court-related services.

Several law firms now—including Arash Law—offer contingency-based services. They will only collect fees when your case is successfully resolved so that you will have no up-front costs or risks. That way, you will have an opportunity to access quality legal services without any financial burden. You only pay them when you win your case.

How Long Will It Take To Resolve My Truck Accident Case And Recover My Damages?

Determining how long it will take to settle your truck accident claim is quite difficult. No one can ascertain the timeline, especially since numerous factors can affect the progress your legal team is making.

If the investigation is conducted smoothly, your case will likely conclude in a few months. This step is one of the most stringent for any lawyer handling a truck accident case, as it requires a thorough approach.

Another factor is the number of defendants involved. If numerous parties are responsible for your losses, obtaining your desired result might take you years. These parties may or may not cooperate. They may even make it difficult for you to contact or communicate with them.

Additionally, the negotiation process significantly impacts the time frame. You may spend weeks or more dealing with claims adjusters, particularly if they don’t easily give in to what you think is a fair amount.

What Can I Do To Help In My Truck Accident Case?

Hire attorneys adept at truck accidents to maximize your chances of obtaining a successful outcome. However, this doesn’t mean that your responsibility ends here. There are still more actions you should take to strengthen your case. These include the following:

Do I Have To Go To Court To Collect Damages For A Truck Accident Claim?

You don’t always have to proceed to trial to obtain compensation for your damages. Skilled truck accident lawyers often settle cases through out-of-court negotiations. First, they submit a demand package to the concerned insurance companies. This document outlines the damages sustained and your desired compensation. If insurers agree with these terms, they will pay you the amount, and your case is closed.

If you can’t reach an agreement, that’s when you need to proceed to court. Your truck accident attorneys will file a lawsuit within the state’s statute of limitations. They will also handle all the legal legwork, ensuring you are well-represented.

Is Filing A Truck Accident Lawsuit Worth It?

Most law firms, including Arash Law, encourage you to seek all avenues of compensation if you get injured in a truck accident. Negotiating with insurance companies is the fastest way to recover damages. However, you may also file a lawsuit if insurers insist on unreasonable payouts.

Initiating litigation can have significant drawbacks. You run the risk of losing. However, hiring the best truck accident attorneys, particularly those from Arash Law, will help you obtain a favorable outcome.

Recover The Damages You Deserve With Our Truck Accident Lawyers’ Help

Did you sustain various damages after getting injured in a truck accident? Don’t hesitate to take legal action against the negligent parties and obtain the compensation you deserve. Our team of powerful truck accident lawyers is dedicated to helping injured victims recover physically, financially, and psychologically.

We can help you get your medical bills paid, recover your lost wages, and get your vehicle repaired or replaced. Call us now at (888) 488-1391 for a free consultation. You may also reach out to us online by completing our “Do I have a Case?” form. Rest assured that our team will respond as soon as we receive your message.

Our law firm is available 24/7 for victims from different California locations, such as Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, Anaheim, Stockton, and Modesto.