When you drive down the highway surrounded by big commercial trucks, you might feel intimidated knowing how much heavier and stronger they are when compared to the car that you are driving. You may imagine the extent of anybody’s injuries when involved in an accident with any one of those massive trucks. Worse than that, you may fear for your life.
As opposed to accidents between cars where you can settle the matter quickly with the other driver or their insurance, commercial truck accidents are more likely to involve more than one vehicle. Also, commercial trucks tend to be owned by a trucking company, and they may be held liable for the action of their employee. Your lawyer may suggest filing a claim against the trucking company in hopes of getting you a larger settlement.
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Depending on the circumstance of the accident, your lawyer might suggest filing a claim against the truck’s manufacturer if it is discovered that faulty parts or mechanical failure played a role in the collision. Or maybe the lawsuit will be filed against whoever loaded the truck, perhaps putting too much stuff on it and making the truck unstable or harder to control.
If you file a lawsuit after being involved in a truck accident, it is likely that the court will consider the following items when deciding who pays and how much:
Liability
Determining who is at fault for the accident and to what extent is the first step. Which parties are at fault and how much at fault they are may increase the amount you may receive. If you are also found to be partly at fault, your amount may decrease.
Economic Damages
These are amounts that have a tangible monetary value, such as bills for therapy and medical treatments, lost wages, and the value of the property that was damaged.
Non-Economic Damages
These are hardships such as pain and suffering, loss of life or mobility, emotional distress, and others that do not have a measurable price but can be part of the damages that the court will award.
Punitive Damages
As their name implies, these damages are meant to punish the party that acted in a malicious way or with extreme negligence. They are awarded in addition to the damages mentioned above not only as a punishment for the defendant but also to issue a warning to others that this type of conduct will not be tolerated.
If your injuries are quite extensive, if you suffer from persistent pain, or if your vehicle was totaled, your truck accident lawyer can help you fight for a higher amount. However, for this to happen, you need to provide thorough documentation to support the claim. You need to gather as much evidence as possible both about the accident itself and the way in which it has impacted your life, showing how your life was before and how it is now. Include videos, pictures, receipts of medical devices, keep a diary of everything you have had to do and how you have adjusted to your new way of living with your injuries after the accident and provide all this to your lawyer.
