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 pursue 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 can include in your claim depend on the specific details of your case. Different factors also need to be considered and proven. Moreover, it may be beneficial to seek representation from an experienced truck accident lawyer to help you pursue the compensation that may be available to you.

What Damages Can You Seek 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 may be eligible to file a claim 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 seek 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 pursue are:

Medical Expenses

As a truck crash victim, you have to seek medical attention to heal from your bodily injuries, regardless of whether 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.

The expenses don’t stop there. Depending on your injuries, you may require surgery and ongoing treatment to help you get better. Nevertheless, you can file a claim for any medical expenses related to the accident. These expenses include:

You have to 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 promptly.

The negligent party’s insurance company might dispute 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 at-fault party 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 can 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 on 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. Generally, 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 in identifying and calculating all your current and future wages and work benefits.

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 pursue compensation for the repair or replacement of your car after a crash. Aside from your car, you may also seek reimbursement for broken or destroyed personal possessions. Examples are electronics, watches, 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 lawyer fees up front. Instead, their lawyer will only get paid a portion of the settlement if they win the case, though some case costs still apply regardless of the outcome.

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 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:

• Physical pain and suffering.
• Emotional distress.
• Mental anguish.
• Permanent disabilities and impairments.
• Scarring and other disfigurements.
• Fear, anxiety, and depression.
• Loss of enjoyment of life.
• Disrupted relationships with family members or spouses.

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

Damages For Wrongful Deaths

You or a family member may be able to 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 seek 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 deter 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 Claim For Your Truck Accident Damages?

The settlement you can pursue may vary depending on the extent of your damages and the resulting losses.

The total compensation victims can seek 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 result in greater losses 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 involved in a truck accident case depends on a variety of factors. These include the following:

• Fault and Liability — Identifying the at-fault parties is critical. You may pursue compensation if you have proof that the truck driver or another party 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 can seek 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 has a duty to maintain safe vehicles and adhere to strict standards.
• Evidence and Documentation — A well-documented case with evidence of damage and negligence is an advantage. Credible pieces of evidence help 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 Seeking 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, you can seek compensation through an insurance claim or personal injury lawsuit to help with the significant expenses you’ll likely face. Compensation for your losses can help prevent financial hardship that exacerbates your pain and suffering.

Here’s why pursuing damages is important:

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, resulting in a mountain of bills. Unfortunately, healthcare isn’t free, and these costs can quickly become overwhelming, especially if ongoing treatment is needed.

Seeking compensation can help you with accident-related expenses. Medical expenses fall under economic damages, and filing a claim can reimburse your medical bills for the following injuries:

• Head & brain injuries
• Spinal cord injuries
• Internal injuries
• Amputation
• Broken bones
• Post-traumatic stress disorder (PTSD)

Missed Work During Your Recovery Leads To Income Loss

Victims of truck accidents often suffer serious bodily harm, which may result in long periods of rehabilitation 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 can be greatly affected.

Nevertheless, victims can seek compensation for the following:

• Salary or wages
• Employer-paid health benefits
• Paid time off (PTO)
• 401(k) benefits

The damages you can seek for your lost wages may help with your bills and cover your lost income. If awarded, these damages may also assist with expenses related to professional retraining or skill development.

Other Losses May Arise In The Future

Truck accidents can 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, pursuing 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 their quality of life due to their injuries.

Pain & Suffering

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.

Generally, victims 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 estimate a fair amount.

What To Do After A Truck Accident

Getting into a truck accident can leave you feeling confused and overwhelmed. However, it’s important to stay calm and be aware of your next steps. Remember that your actions at this stage may affect your claim for your damages.

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

Prioritize Safety

If you or anyone else involved in the accident has sustained serious injuries, call 911 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. Contact the nearest police department to notify them about the incident.

Furthermore, you have to 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:

• The entire accident scene.
• Any nearby landmarks or identifying signs that show the location.
• Your injuries and those of anyone else in your vehicle.
• Damage to your vehicle.

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:

• Whether the truck driver used their brakes.
• The truck driver’s updated hours of service.
• The truck’s speed before and during the crash.
• The truck’s traveling direction.
• The truck’s gear shifts.
• The steering wheel’s movement before and during the accident.

The black box may also store the truck’s daily inspection logs and documents filed by the trucker with their employer. This information can be valuable evidence. Therefore, acting quickly to obtain it can be important to your claim. A skilled lawyer working on truck accidents can assist you in preserving the black box data before it is lost or destroyed.

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 get their testimonies, which can support your claim.

Notify Insurance Companies

Contact your insurance company directly after a truck crash and provide all the basic details. They can help you make a claim that may pay for any harm or damage you incur. However, try to avoid saying sorry for the accident or offering to pay the other driver money.

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

Besides initiating your claim promptly, you might wonder about other reasons why you have to report the truck accident to insurers. Typically, 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. Allow your insurance provider enough time to investigate the claim, evaluate the extent of the damage, and identify who is responsible.

Understand 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. You can also talk to a lawyer handling truck accident claims who can help you understand what you agreed to.

Seek Legal Guidance

After a catastrophic truck accident, the last thing to worry about while recovering is navigating complicated legal processes. A lawyer can advocate for your rights during this challenging time. They are familiar with the trucking industry, the rules that govern it, and how to negotiate with insurance companies. Consult an attorney who can manage your truck accident claim.

A personal injury lawyer can advocate for your rights throughout the claims process. They can speak up on your behalf and offer legal guidance. With an attorney by your side, you can focus on healing while they handle the legal aspects of your case.

Important Tips To Strengthen Your Truck Accident Claim

Although there’s no guarantee how a claim would progress, taking some cautionary steps may help your case. Here are some tips to support your claim for damages:

Be Cautious With What You Say

If the other party’s insurance adjuster contacts you, avoid providing excessive details, admitting fault, and accepting a quick settlement. 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 for truck accident cases who can help you understand 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 support your claim for compensation.

It’s crucial to keep the assessment simple. First, you have to 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. 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. Compile all relevant records, including doctor appointments, treatments and surgeries, purchases 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 assist you with your claim.

Be Mindful Of The 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 recovering from injuries first, which may take months or even years. You might also wait for a proper estimate of your losses. Nonetheless, understand that waiting too long to take legal action could result in losing your right to seek 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 the strength of your evidence and reject it without further review. Even if you are able to pursue legal action, the opposing party will point out that you submitted your claim late. Their notification to the court may ultimately result in the dismissal of your case.

However, the statute of limitations may be tolled or paused, especially if the case involves the following:

• Late discovery of your injuries.
• Victims who are minors.
• Individuals with mental or physical impairments.
• Defendants who are in jail or in the process of serving their sentence.
• Out-of-state individuals.

A legal professional can walk you through your rights, options, and the applicable deadlines. They can guide you on the specific statute of limitations relevant to your case and help you file the necessary paperwork on time. The speed at which you take legal action can significantly impact your ability to seek compensation 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 parties potentially accountable, the more complicated the case can be.

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 cause harm as a result.

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

Companies that ship products via trucks have many responsibilities to maintain safety standards for transportation. 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 don’t need evidence of the defendant’s negligence. However, you have to provide proof that the defective product was dangerous and that this defect contributed to the accident.

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, the maintenance service providers may be 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.

Establishing Liability In A Truck Accident Case

Victims of truck accidents must establish they have legal grounds to seek compensation for their damages. 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 show 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 maintain 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, justify that your injuries directly resulted from the truck accident. To do this, you have to present evidence, such as an incident report and medical records, that explains the circumstances of the incident and the resulting bodily harm.
• Damages — Finally, establish that the injuries you incurred led to various damages, be they economic or non-economic. For this reason, 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 potential 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 among them.

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

California, in particular, is a pure comparative negligence state. This system allows injured individuals to claim 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 only be eligible to seek up to 82% or $98,400 worth of compensation.

Why You May Need A Truck Accident Attorney To Pursue Your Damages

While hiring a truck accident attorney is not required, doing so may benefit your case. Working with skilled attorneys can provide valuable guidance and support throughout your case compared to proceeding without legal assistance.

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. Legal proficiency may be necessary to establish who is potentially accountable for the accident.

Furthermore, pursuing compensation for your damages can be a challenging process. Working with qualified attorneys who understand the legal process can be valuable in protecting your rights. They can help you navigate the complexities of these cases and advocate for your interests.

When Do I Need To Sue For A Truck Accident?

Truck accident lawyers normally attempt to negotiate first with the parties involved in the collision 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 your losses.

Although federal law strictly directs truck drivers to maintain minimum insurance coverage, not all may adhere to this. Some are underinsured, while others are uninsured. With this, your team may need to explore other avenues for compensation for your losses. Even if you win a lawsuit against a UM/UIM, additional steps might still be needed to pursue appropriate compensation.

Meanwhile, out-of-court discussions may not work if defendants and their insurance companies don’t agree with your terms. In these situations, taking your case to court may be necessary.

What Does A Truck Accident Lawyer Do?

Coping with injuries can be challenging, and the complicated legal process involved in truck accidents can impact your claim. Experienced attorneys for truck accident victims can provide support in this process. They can 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 for your case:

Conduct Investigations

Your truck accident attorneys will scrutinize the details to assess 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 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 well-supported case based on the accident-related information they gather.

Lead Communications

Hiring skilled lawyers for your truck accident case also means having effective communicators by your side. Your legal team will take charge of 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 a negotiator on your side. Without a skilled legal representative, victims like you may have difficulty pursuing appropriate compensation for your losses.

Insurance companies may ask questions regarding the validity of your documents. If they find any issues to flag, they may dispute or reject your claim.

However, skilled truck accident lawyers can advocate for your interests when these issues arise. They can review your policy’s terms and conditions, calculate your potential damages, and talk with the insurance companies. They can assess whether the settlement offer is adequate or not.

However, if these insurance companies fail to extend a fair settlement, your attorneys may consider filing 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. In underride accidents, smaller cars may get trapped underneath large vehicles, causing serious physical damage to the 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 may be eligible to seek compensation, given the catastrophic injuries you have to endure.

What Usually Causes Truck Accidents?

Various factors can lead to truck accidents, but the frequent ones are as follows:

• Speeding
• Reckless driving
• Fatigued driving
• Distracted driving
• DUI
• Inexperienced driving
• Unsecured loading
• Poor truck maintenance or inspection

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. Frequently, the answer to that is yes. However, the strength of your case may vary depending on the details of the incident.

Factors such as driver negligence, truck maintenance issues, and compliance with federal regulations can impact your case. It may be wise to consult a lawyer for truck accidents to assess whether you have a valid case. Additionally, gathering evidence like police reports, medical records, and witness statements can help support your claim.

How Do I Find A Truck Accident Lawyer?

Hiring experienced personal injury attorneys can be beneficial 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, consider scheduling a free initial consultation with the same legal team.
• Search Online — Use your state bar association’s website for legal referrals. This step can help you discover an attorney’s practice area, location, and record as a law practitioner. You may also visit the websites of attorneys, such as 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 case and assess whether they’re a good fit.

There are many skilled lawyers who can manage your truck accident case, but you have to be careful in your search. Remember, the outcome of your claim for damages may be impacted by the skill of your legal representatives. Select someone who possesses the necessary skills, resources, and dedication to support you.

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 that the costs of their services might only add to your expenses. However, it’s important to know that an attorney for your personal injury claim typically won’t require you to pay any initial fee.

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 uphold 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 without the details of your case. Your potential compensation will depend on various factors, including:

• The severity of your injuries.
• The extent of your losses.
• Multiple parties are involved.
• The degree of liability of at-fault parties.

Considering that there’s no exact formula for this, consult lawyers who handle truck accident cases. They can guide you on your next steps to pursue compensation for your losses.

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 if they decide in your favor.

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 pursue appropriate compensation and account for 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:

• Lost wages
• Emotional pain and suffering
• Punitive damages

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

• Medical bills
• Physical pain and suffering
• Property damage

Generally, settlements granted for physical-related damages don’t have tax, while the rest may 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 can consider other 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 available.
• 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 work diligently to help you seek appropriate compensation.

Can Legal Fees Be Collected In A Truck Accident Claim?

Generally, the overall compensation you can pursue 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, including Arash Law, offer contingency-based services. They will only collect fees if your case is successfully resolved. That way, you will have an opportunity to access legal services without worrying about initial lawyer costs. While you only pay attorney fees if you win your case, certain case expenses may still apply regardless of the outcome.

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 longer. 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 timeframe. 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 for truck accidents to support you in navigating the legal aspects of your case. However, this doesn’t mean that your responsibility ends here. There are still more actions you can take to support your case. These include the following:

• Keep copies of your medical records.
• Monitor your out-of-pocket expenses.
• Save your receipts for later.
• Maintain communication logs.
• Craft a journal or diary where you write down your personal experiences.
• Record lost income, disability benefits, and unpaid time off.

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 seek 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 may possibly go to court. Your truck accident attorneys can file a lawsuit, taking into consideration the state’s statute of limitations. They will also handle all the legal legwork, advocating for your interests.

Is Filing A Truck Accident Lawsuit Worth It?

Most law firms, including Arash Law, encourage you to seek various avenues of compensation if you get injured in a truck accident. Negotiating with insurance companies can be the fastest way to seek damages. However, you may also need to file a lawsuit if you fail to reach a fair settlement.

Initiating litigation can have significant drawbacks. You run the risk of losing. Truck accident attorneys can help you understand the ramifications of this legal option, depending on the specifics of your case.

Schedule A Free Initial Consultation With Our Truck Accident Lawyers

Did you suffer various losses after getting injured in a truck accident? You may have the option to take legal action against the negligent parties and seek the compensation available in your case. Our team of truck accident lawyers is dedicated to helping injured victims recover physically, financially, and psychologically.

We can help you pursue damages for your medical bills, lost wages, and vehicle repairs or replacement. Call us at (888) 488-1391 for a free initial consultation. You may also reach out to us online by filling out our “Do I Have A Case?” form.

Our lines are open 24/7 for victims from various California locations, such as Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, Anaheim, Stockton, and Modesto.