The Types of Compensation Available to Trucking Accident Victims

In 2021, there were more than 166 million registered commercial trucks in the United States. Many of these trucks were in service and on the streets and highways across the country on a daily basis. Truckers play a vital role in sustaining the American economy by delivering valuable goods and products to stores, manufacturers, and other retail and product sites around the country. However, the trucking industry is certainly not without dangers.

Semi-truck and commercial vehicle crashes are reported on United States highways many times per day. An average semi-truck weighs more than 13 tons and can do a lot of damage to other vehicles, even at a relatively low speed. In some cases, the truck driver may also be at fault for the collision if the accident was caused by their negligence.

Victims of truck accidents often have legal claims against truck drivers or trucking companies in the aftermath of an accident. The damages awarded in these cases can be broken down into separate categories, although each category makes up a component of the overall claim.

It is important to remember that is always best to contact a national truck accident attorney if you have been involved in an accident involving a commercial motor vehicle. Our attorneys at Burg Simpson strive to recover the highest amount of damages for our clients, given the specific circumstances of their cases.

Pain and Suffering  The Types of Compensation Available to Trucking Accident Victims

Perhaps what comes to mind the most with injured victims is the pain caused by their injuries. A truck accident can involve multiple serious injuries, including:

  • Traumatic Brain Injuries (TBIs)
  • Broken bones and fractures
  • Spinal cord trauma
  • Soft tissue strains and sprains
  • Scarring and disfigurement
  • Death

A victim who has been injured is entitled to recover damages for their pain and suffering. However, physical pain is just one component of this damage category. When considering pain and suffering, victims can also be compensated for any mental or emotional anguish that they now suffer from due to the crash. Mental health diagnoses such as depression, anxiety, and PTSD are frequently seen following car accidents. Victims have the right to receive compensation for these injuries as well.

In addition, the inability to enjoy activities can also be classified as pain and suffering. Many crash victims enjoyed active and productive lives before they were injured. To the extent that your injuries curtailed your lifestyle or prevented you from participating in certain activities that you once enjoyed, you may make a claim for pain and suffering.

Lost Wages

Victims of a truck crash may also be entitled to recover their lost wages. If your injuries were serious enough that you were forced to miss work, then the amount of pay that was lost may be recoverable. Victims who are making a lost wages claim must provide documentation of their rate of pay along with the hours or days missed due to injuries suffered in the crash. If this information is verified, it can result in a viable claim for earnings lost due to the collision.

Medical and Prescription Costs

Individuals who were hurt in a truck crash can usually recover the cost of their medical and prescription bills. With the serious injuries often sustained by truck crash victims, the claim for medical and prescription bills can be quite large. Each state handles medical bills differently. It is important to make sure that you choose an experienced lawyer for the state or federal court where your case will be heard. Your lawyer should be well aware of the types of medical costs that can be recovered following your truck accident.

Punitive Damages

Unlike medical bills and lost wages, punitive damages cannot be easily calculated, nor are they awarded in every case. Punitive damages are a special type of damages awarded by a jury. Whereas the role of medical costs, lost wages, and pain and suffering are to compensate the victim for their harm, punitive damages are meant to punish a defendant for bad conduct that caused an accident.

A truck driver who drove in an especially negligent or careless manner could be liable for punitive damages resulting from the crash. Due to the fact that they are considered a special type of damages, there are no strict guidelines on how much or how little punitive damages to award. In most cases, the actual amount of punitive damages is up to the judge or jury’s discretion. Punitive damages awards can be as little as one dollar up to millions of dollars. The award often depends upon the particular jury and their attitudes towards punishing a defendant for wrongdoing.

Wrongful Death Claims

Unfortunately, truck crashes sometimes result in death for victims. If you have lost a loved one in a United States truck accident, you could be entitled to file a wrongful death claim. In every state in the country, a fatal crash victim’s next of kin can file this claim within a certain period of time following the accident.

Wrongful death claims have their own special set of damages that are allowed. There are many claims that are similar to other truck crash cases, but a wrongful death plaintiff may also recover other types of damages, including:

  • Funeral expenses
  • Loss of companionship, affection, and society
  • Loss of earning capacity

A wrongful death claim can be extremely complicated. If you have lost a loved one in a truck accident, please reach out to a qualified attorney as soon as possible.

National Truck Accident Attorneys

Here at Burg Simpson, we have a team of trained and dedicated national truck accident lawyers. Our firm has substantial experience handling these difficult cases all across the United States. Regardless of where you were hurt, our attorneys can help. Your time to act is limited, and you should reach out as soon as possible.

We offer free consultations for all potential clients. There is no fee until we obtain a recovery on your behalf. To speak with one of our national truck accident attorneys, please contact us using our online intake form or give us a call at (888) 895-2080.

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