What Compensation Can I Receive In a Truck Accident Case?
The compensation you can receive in a truck accident case varies widely from claim to claim. It is often much greater than the payout from a typical car accident claim, for several reasons.
Truck accidents tend to be more severe than car crashes. The size difference between a tractor trailer and a passenger car makes injuries from these collisions especially devastating. Victims often require extensive medical treatment, and some even need long-term ongoing care.
Truck accident cases also often have more than one liable party. If a careless motorist causes a crash, the amount of coverage provided by that driver’s liability policy limits how much you can recover. When a careless truck driver causes the crash, however, the trucking company is also liable. In some cases, we can also identify parts manufacturers or other liable parties. These corporations have much larger liability policies, allowing truck accident victims to collect more compensation.
Common types of damages we recover for our clients after a Dallas or Austin truck accident include:
In many cases, accident victims suffer catastrophic injuries. Some require ambulance transportation or even medevac helicopter transport. And the cost of these services is only the beginning.
Once victims arrive at the hospital, doctors begin work to stabilize their condition and treat injuries. This may include surgery, prescription medications, and therapy. Severe injuries usually require some type of rehabilitation or physical therapy. Inpatient rehabilitation, in particular, can be especially expensive. You can recover all these past medical expenses through a truck accident claim.
Many truck accident victims also need ongoing or future medical care. This can range from a few more months of physical therapy to around-the-clock care in a long-term care facility. By working closely with your doctor and other medical experts, we can estimate the cost of future medical expenses, as well.
Truck accident victims often miss work during their treatment and recovery. And even a week or two out of work can be hundreds or thousands of dollars. For this reason, we always account for our clients’ lost wages in a truck accident claim. This may include both salaries and commissions.
In some cases, impairments caused by their injuries prevent them from earning at the same capacity they did previously. With the help of medical, industry, and economic experts, we can estimate further wage losses. We ensure that settlements account for all lost wages and lost earning capacity before we suggest our clients accept an offer.
Other Economic Losses
You can also recover other expenses and economic losses related to a truck accident. This may include the cost of making your home wheelchair accessible, having to hire someone to perform household tasks you once performed, lost benefits at work, or even paying to park at physical therapy appointments. We will investigate your case and identify any qualifying expenses to maximize the value of your claim.
Emotional damages, sometimes called noneconomic or general damages, are more difficult to prove than financial losses. However, you can still recover compensation for your pain and suffering and mental anguish after a Texas truck accident. For some, psychological pain can cause as many issues as physical injuries. It affects your qualify of life and your ability to enjoy the things you used to. We work with experts to calculate the value of your emotional damages, and negotiate with the insurance company on your behalf.
If a tractor trailer struck your vehicle, chances are good that your car suffered major damage. You can recover the cost of repairing your vehicle based on an estimate from a local body shop. Because of the devastating nature of many truck crashes, cars are often a total loss, e.g., the cost of fixing the car is more than the cost of replacing it.
If the accident did not total your car, you may be able to request additional compensation based on a diminished value claim. Insurers will not offer compensation for diminished value but we will push the insurer to give you what you deserve.
Punitive damages are not available in every truck accident case, but we will investigate your case to see if they apply. Courts award punitive damages in semi-truck accidents to punish trucking companies for particularly bad behavior.
For example, let us say that a trucking company is aware its driver has a problem with drugs or alcohol. He failed numerous drug tests, and the company knows he occasionally drives under the influence. Yet, it takes no action. When he fails another test after your crash, the court may allow punitive damages to punish the trucking company for its reprehensible lack of action.
How much is my Texas truck accident case worth?
Without a full investigation, it is impossible to give you an accurate estimate of the value of your Texas truck accident claim. To understand the value of your claim, we need to sit down with you and discuss the facts surrounding your accident and injuries. We need to view your medical records, talk to expert witnesses, and collect all possible evidence against the trucking company. It is paramount that we identify all potentially liable parties in your crash and have documentation to prove their contribution to your injuries.
Only once we complete this full investigation into the cause of the crash and your related losses can we begin to calculate an estimated value of your claim. This value relies on:
- The cost of your past and future medical care
- Your lost wages
- Any lost earning capacity
- How your injuries affect your life currently
- Your future prognosis
- Any changes in quality of life
- Pain and suffering
Where can I get help recovering compensation for my injuries?
If you suffered injuries in an Austin or Dallas truck accident, Lovins Trosclair, PLLC can help you recover the compensation you deserve. Call us today to schedule a time to meet with one of our Texas truck accident lawyers.
For appointments in Dallas, call 214-484-1930.
To schedule an appointment in Austin, call 512-535-1649.