What Damages Can I Recover for a Truck Accident?

truck accident
Image by Denise McQuillen from Pixabay 

Truck accidents are not as common as car accidents, but in 2021, there were 5,700 fatal truck accidents, which was a 49% increase in 10 years. Semi-trailers are most likely to be involved in collisions, and this type of truck is linked to 53% of all fatal truck accidents.

Being involved in any auto accident can be stressful and potentially devastating. However, when a regular passenger vehicle collides with a large commercial truck, the injuries sustained are often much more severe and life-altering. If you or a loved one has been injured in a truck accident that was caused by another driver’s negligence, you may be entitled to recover compensation for your losses.

Economic Damages

Economic or financial damages refer to out-of-pocket expenses that resulted directly from the truck accident. These can include:

  • Medical bills – Any expenses related to emergency care, hospitalization, surgery, medication, physical therapy, rehabilitation services, assistive devices and in-home care are recoverable. This also includes anticipated costs for any future treatments you may need.
  • Lost income – If your injuries force you to miss work for a period of time while recovering, you can seek compensation for lost wages. This includes any diminished earning capacity if your injuries are permanent.
  • Property damage – Costs to repair or replace your vehicle can usually be recovered from the at-fault driver’s insurance after a truck accident.

Non-Economic Damages

Non-economic damages cover losses that are more intangible and difficult to quantify, such as:

  • Pain and suffering – Damages can be sought for any physical pain and mental anguish that resulted from your injuries. The severity, duration and impact on your quality of life will impact the value. The average settlement amount for a TBI is between $700k and $1 million.
  • Disability or loss of enjoyment – If your injuries affect your mobility or your participation in activities and hobbies you previously enjoyed, you can ask for compensation for this loss of enjoyment of life. Permanent disabilities are considered major factors.
  • Emotional distress – Emotional trauma related to the accident, such as anxiety, depression, PTSD and more can be included in your claim. Ongoing counseling costs may also be recoverable, and since the average counseling session costs $100-200, this is important.

Punitive Damages

In rare cases where the truck driver’s behavior was found to be extremely reckless or intentional, you may be awarded additional punitive damages meant to punish the defendant. These are much harder to obtain but are in addition to economic and non-economic compensatory damages.

Working with a Truck Accident Lawyer

An experienced truck accident lawyer can help assess what specific damages you may be entitled to after a truck accident injury based on the unique details of your case. Proving these losses in negotiations or litigation can result in the maximum compensation to cover what you need for your recovery.

Legal representation is key to recovering damages that will provide for your medical care, rehabilitation and long-term needs, so speak to an attorney if you have been involved in a serious truck accident.

The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of The World Financial Review.