Injuries And Losses From Truck Crashes
The typical truck accident causes widespread damage, leaving many struggling to get back on their feet. The result is that many truck accident cases then involve the potential for significant awards of damages to the people harmed.
Insurance companies for most trucks will know how much they should pay you immediately, but they will work to limit their liability in any way possible. Hire an experienced truck accident attorney to achieve the best possible settlement for your case.
When talking about damages in a truck accident case, people can recover economic and non-economic damages.
Economic damages refer to tangible costs, such as:
- Medical expenses
- Lost wages
- Property damage
Non-economic damages can include awards for subjective effects like:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Permanent disability or disfigurement
Two additional types of damages can include wrongful death damages and punitive damages. Wrongful death awards only relate to fatal accident cases, and punitive damages might apply if the court punishes negligent parties for wanton disregard for human life or extreme cruelty.
Our attorneys know how to calculate your past and future losses and seek full economic and non-economic damages. We do not back down until you receive a fair offer or award at trial.
Who Can You Hold Liable For Your Injuries?
When you think of truck accident liability, you might naturally think of the truck driver. While driver error is a leading cause of accidents and leads to liability, other parties might be at fault or otherwise share liability for your losses.
An investigation is usually necessary to uncover all liable parties. We always determine all liable parties because if there are multiple, you can have multiple sources of compensation. Trucking companies have higher insurance policy limits than individual drivers, so adding them to your claim can ensure you can cover all your losses from serious injuries.
Trucking companies have much deeper pockets and are also commonly liable in many cases. Companies can engage in negligence that can lead to a crash, such as hiring or retaining dangerous drivers. Companies might also fail to properly care for their vehicles, and several truck accidents result from mechanical causes involving a failure to perform regular maintenance.
These companies can be liable without negligence, as well. The law holds employers liable for harm their negligent employees cause. Even if a truck driver is officially an independent contractor, a trucking company can still be vicariously liable for the accidents the driver caused.
Trucking companies may not own the trucks they operate, so you can hold the actual truck owners liable in some cases. Truck owners share similar responsibilities to keep their vehicles safe.
Cases of improper cargo loading can lead to third-party cargo loading companies being liable. There are multiple issues involving cargo shifting that can cause truck accidents.
When some part on a commercial truck fails or is defective, the manufacturer of the defective truck part becomes liable. People will then need to file product liability claims, which can involve different legal theories than a regular traffic accident claim.
There is always the prospect that an independent driver of another motor vehicle was the cause of a truck accident. Then, that person’s insurance company will become liable for all damages.
The simple truth is that many truck accidents can involve multiple parties being liable, which can present a complicated situation. Silva Injury Law will identify liable parties for your accident and seek the compensation you deserve.
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