How Can One Recover Damages for Lost Wages Due to a Truck Accident Injury

Lost wages refer to income you were unable to earn due to your accident injuries.

Common wage losses may include:

Future earning capacity – If your injuries cause permanent disability that reduces your ability to work throughout your career. Economists can calculate lifetime expected earnings and project losses.
Loss of benefits – Your job may have provided health insurance, dental insurance, vision insurance, retirement contributions, stock options, tuition reimbursement, vacation and sick time payouts, and more.
Bonuses and commissions – Many jobs provide regular bonuses or commission payouts based on performance. If injuries prevented you from working enough to earn expected bonuses/commissions, you can demand compensation for this shortfall.
Self-employment losses – Those running their own businesses often have significant financial losses when injured. Can include lost accounts/clients, contracts, investments, and other earnings.

So let’s say you were struck by an 18 wheeler while driving to work, how exactly would you claim these losses? Here is what you should know.

Eligibility Factors for Claiming Lost Wages

Whether you qualify to claim lost wages depends partly on your fault for the accident in comparative negligence states.

If investigations show you were partially responsible through reckless driving or similar, your award may be reduced by your percentage of fault.

However, commercial truck drivers must adhere to stringent state and federal safety regulations. Violating trucking rules is negligence per se, meaning fault can be automatically established if a particular statute was broken.

Even moderately contributing to an accident by violating provable truck regulations means you may still recover close to the full value of lost wages. An attorney can argue the trucker was primarily negligent based on regulatory breaches.

It also helps if you have steady employment for awhile before the accident, with income documentation like tax returns and pay stubs. This evidence gives you a stronger claim for ongoing future wage losses.

Those with more sporadic jobs can still make lost wage claims, but may receive lower settlements based on unpredictable incomes.

Detailed Lost Wage Damage Calculations

Figuring exact lost wage damages involves presenting detailed documentation, such as:

Documenting Exactly What Was Lost

The core evidence is pay stubs, tax forms and other documentation showing your typical earnings over recent years. Calculate exactly what was lost – every missed paycheck, lost self-employment revenue, benefits payments, bonuses, etc. Quantify each category.

Projecting Future Losses

If disabilities limit working capacity long-term, economists can project lifetime losses. Vocational experts assess how injuries may reduce earnings in your profession. Then economists calculate total expected losses based on your education, experience and average career earnings over your remaining working years.

Valuing Non-Wage Compensation

Many jobs provide health/dental insurance, retirement contributions, stock options, profit sharing and other benefits. Value and demand compensation for these lost benefits.

Complete financial records will help prove losses to insurers. An experienced attorney can retain economic experts to bolster evidence supporting your lost wage calculations.

Potential Sources of Recovery for Lost Wages After a Truck Crash

After a truck accident, lost wage compensation usually comes from these sources:

The Trucking Company’s Insurance

Federal minimum liability insurance for commercial trucks is $750,000. Policies usually pay accident victims’ damages from this coverage up to the limits. Most large trucking companies carry policies with higher limits like $1 million or more.

Your Own Insurance Coverages

Car insurance wage loss coverage, health insurance lost wage provisions, disability insurance through your work, and personal disability policies may cover portions of lost pay or benefits. However, recovering from your own insurer could depend on state insurance laws.

Payments Directly from the Trucking Company

If your losses exceed the truck’s insurance coverage limits, the trucking company itself may have to pay additional damages. But this is less common in truck crash cases since federal minimums are high. Companies that self-insure may pay directly as well.

An attorney can identify all potential sources to pay lost earnings and target the ones most likely to secure compensation.

Steps to Take Immediately After a Truck Collision

Taking quick action after any collision can boost your odds of full lost wage reimbursement:

Alert Authorities

Call police and EMS to report the crash and get medical transport if needed. This creates an official accident report with statements from all parties. Get a copy of this record.

Admit Nothing

Never tell anyone the crash was your fault, even informally. This can undermine negotiations later.

Exchange Information

Get names, phone numbers and insurance details for all drivers, passengers and witnesses involved. Obtain truck company identifying information.

Document Extensively

Take ample photos and video of property damage, injuries, skid marks, debris, leaking fluids, load contents and anything else relevant before cleanup crews arrive. This evidence helps later.

Seek Prompt Medical Care

Even if you feel unhurt right away, get examined by a doctor immediately. Some injuries like concussions or internal bleeding have delayed symptoms. Don’t risk worsening injuries.

Keep Detailed Records

Save all doctor visit summaries, test results, therapy notes, hospital bills, prescription receipts, and anything else relating to medical care, missed work orders, disability paperwork, etc. Organize records chronologically.

Consult an Attorney Fast

Contact an experienced truck accident attorney promptly. They can launch an investigation while evidence is fresh to help prove losses and trucker negligence for your injury claim. Early lawyer involvement typically leads to maximum compensation.

Selecting the Right Lawyer for Your Case

Retaining legal counsel experienced with commercial truck cases can make a tremendous difference in recovering your lost pay. Look for an attorney with:

Substantial Truck Accident Experience

Ask pointed questions about years of handling these cases, total past settlements obtained, win rates at trial, and examples of previous lost wage verdicts. Ensure extensive familiarity with complex federal trucking regulations.

A Proven Track Record

Past results demonstrate a lawyer’s ability to secure evidence proving negligence and forcing fair lost income settlements. Verify case outcomes and multi-million dollar recoveries.

Resources to Thoroughly Investigate Accidents

Do they utilize accident reconstruction experts, engineers, vocational specialists and economists to build lost wage claims? These professionals are pricey but sway insurers.

Attorney Specialization

Lawyers handling car wrecks may lack expertise needed for truck cases. Seek someone who dedicates at least 50% of their caseload to commercial vehicle injury claims specifically.

For substantial lost wage demands, having an accomplished legal team is pivotal. Ask tough questions when choosing representation.

Settlement Negotiation Factors That Impact Lost Wages

Settling can be an effective way of resolving a claim. This typically involves extensive back-and-forth negotiation between your lawyer, insurers and defense counsel.

Things that can influence your lost wage payout value include:

Liability Disputes Over Who Was At Fault

Insurers almost always question fault aspects to try to minimize payouts. Skilled attorneys expect this and actively refute arguments against negligence findings by using physical evidence, witness statements, police reports, regulatory violations, admissions, and applicable case law.

Arguments Over Preexisting Conditions

Insurers often claim preexisting health problems solely caused lost wages rather than the truck accident injuries. Experienced lawyers can defeat these arguments by demonstrating the crash clearly aggravated previous conditions and directly led to missed work.

Poor Evidence Supporting Lost Wage Calculations

Weak documentation substantially reduces settlement leverage. But supplying economist reports, vocational assessments, tax records, disability findings and other financial proof makes insurers less likely to undervalue losses.

Wage Replacement From Other Sources

Compensation already received from workers compensation, disability insurance policies or the victim’s own auto/health coverage may lower settlement offers. Lawyers negotiate to overcome these offsets.

Top truck accident attorneys expect insurer tactics and know how to secure fair lost income reimbursement through persistent demands and skillful counter-arguments. Their representation is invaluable after serious crashes.

Conclusion

Missed wages from truck crash injuries can be financially devastating with mortgage payments, car loans, child support and daily living costs still needing to be paid. Seeking rightful compensation is extremely important.

An accomplished personal injury lawyer can help fully document lost income using economist reports, vocational assessments, pre- and post-accident tax records, fringe benefits valuations, disability findings, and other evidence. This documentation is pivotal for obtaining fair damages from negligent truckers and their insurers after crashes.

This guide outlined essential steps for recovering your lost pay after a serious commercial trucking collision. Taking prompt legal action and supplying thorough financial records give you the best shot at success. An experienced attorney protects your rights every step of the way.