According to the FMCSA, there were over 5,000 fatalities involving large trucks in 2021 in the United States. 72% of those fatalities were occupants of other cars. Truck accidents can cost anywhere between $30,000 and $140,000, depending on the circumstances surrounding the accident.
The large variation in the cost of a truck accident is due to the many factors involved, including the injuries sustained, the extent of property damage, etc. Therefore, it is essential for victims of truck accidents to hire an experienced truck accident lawyer to ensure they receive fair compensation.
Factors that affect your compensation in a truck accident
This article aims to educate readers on the various factors that can affect truck accident compensation claims so that they can make informed decisions if they’re ever involved in one.
Comparative and Contributory negligence
States across the US have different laws regarding who can be held accountable for an accident. Some states follow the concept of contributory negligence, which means that if the victim is found to be even partially at fault for an accident, they cannot claim compensation.
For example, if the victim fails to wear seatbelts or drives at unreasonable speeds, they can be held liable and denied compensation.
Comparative negligence is where each party involved in the accident is assigned a percentage of responsibility depending on their actions. For example, if the driver of a car fails to wear a seatbelt and gets into an accident with a truck, the car driver can be held partially responsible.
In this case, the victim still receives compensation, as the truck driver is assigned a higher percentage of blame. However, the total amount will be reduced due to the victim’s actions.
Medical bills
The compensation a victim can receive will increase depending on their medical bills. The greater their injuries or the higher their medical bills, the higher the compensation.
For instance, a victim who escaped with cuts and bruises will receive less than a victim who suffered spinal cord injuries.
Victims can receive compensation for prescriptions, consultations, rehabilitation therapy, surgeries, and any costs they had to bear in treating injuries directly resulting from the accident.
If the victim suffers long-term disability due to the accident, they can be compensated for medical costs, lost wages, or any inconveniences they face. This significantly increases the amount of compensation they are eligible for.
Pain and suffering
Victims can also suffer from psychological damage due to truck accidents. This can be compensated under non-economic damages. The effects of such psychological damage can be long-term, like in the case of PTSD.
Victims can have trouble navigating daily life or suffer from bouts of depression and anxiety. This may affect their performance at work or their personal relationships. They may be unable to use cars due to being in a car accident, which is a considerable inconvenience.
The defendant has to pay compensation for this psychological suffering as it resulted directly from the accident. The amount of compensation awarded to the victim can increase based on this.
Loss of wages
Victims of accidents often suffer grievous injuries, which can make them unable to work for a couple of weeks or, in some cases, a couple of months. Under personal injury law, victims are entitled to compensation for any loss of wages due to an accident.
The amount of time a victim has to be away from work can increase the value of their claim. If the accident prevented them from returning to work, they are eligible for compensation to reskill themselves and find alternative employment.
Property damage
In a truck accident, victims can be compensated for the damage to their vehicles or other property.
For example, if valuables like a laptop or expensive jewelry were in the vehicle at the time of the accident, the victim could be compensated for them.
Typically, victims are compensated for the repairs their vehicle has to undergo and the depreciation of its value due to the accident. The compensation can increase significantly if the car is expensive or has difficult-to-replace parts.
How a lawyer can help
If you ever find yourself in a truck accident, make sure you hire an experienced lawyer. A good lawyer can be the difference between winning or losing a truck accident claim.
A lawyer can help you file a truck accident claim. As most states have a deadline for when you can file the claim, it is essential to do so within the stipulated time frame. Once you hire a lawyer, they’ll make sure that this time frame is strictly followed.
A lawyer can ensure that the right format is followed when filling out or submitting court documents.
Gathering evidence is a crucial part of the claims process. Evidence is used to establish the course of events and that the defendant did, in fact, is responsible for your losses. Without strong evidence, your claim will be dismissed. An experienced lawyer can assist you in the process. Their expertise allows you to take full advantage of the evidence in hand.
Common examples of evidence include medical bills, witness testimonies, and even security camera footage if it’s available.
A truck accident claim also involves negotiating with insurance providers as the claim is usually paid by the at-fault party’s insurance company. A lawyer can be invaluable in this process because they know all the tricks insurance providers use to lowball or deny the victim’s claim. A lawyer will negotiate on your behalf and make sure you receive fair compensation for all the losses you have sustained.
In the event that settlement negotiations fail, the case moves to court. A truck accident lawyer is absolutely vital in this stage. This is mainly because the complexities of the procedures multiply tenfold, as do the papers to be submitted and other processes. Without an experienced truck accident lawyer, the chances of winning a trial are practically zero.
Conclusion
In conclusion, truck accidents cost the US economy billions of dollars every year. However, the compensation a victim can obtain varies significantly depending on the details of the accident.
Hiring the right attorney can ensure that you are compensated for medical expenses, lost wages, property damage, and any psychological damage.
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