The truck industry significantly contributes to the growth of the economy. However, due to the strict timelines imposed on companies and drivers, they work under massive pressure, exposing them to stress and fatigue, which increases the risk of truck accidents. If you obtain injuries from a truck accident, you are entitled to compensation for all the legal damages, which refer to all losses stemming from the accident. Sometimes you can even recover punitive damages, but the available insurance coverage and your percentage of fault in the accident could limit the amount awarded.

If you are seeking compensation for damages stemming from a truck accident, you must be wondering how much you will collect from the claim. The value of your claim hinges on the case’s facts, the severity of your injuries, and property damage. Here is information to help you estimate the value of your truck accident claim.

Factors Affecting Your Truck Accident Compensation Amount

The damages you will recover in a truck accident compensation claim depend on the material facts of your accident. It is challenging to tell the amount of compensation you will recover, even if your injuries or losses are the same as those of other accident victims. The factors the insurance adjuster, bench, or jury will consider when determining how much you should collect include:

Injury Severity

In a truck accident, you can sustain either minor or severe injuries. Even if your injuries are minor, if you provide evidence, the adjuster, court, or jury will see the suffering caused by the accident and award reasonable damages. However, if your injuries are severe, you might not be able to work again. Severe injuries can lead to incapacitation and the need for long-term medical treatment. The effects of a truck accident with severe injuries are extensive, meaning the compensation will be higher than that of a person in the same accident but having minor injuries.

The Extent of the Limitations of the Injuries

Some injuries restrict you from returning to work. With other injuries, you can resume work immediately or after a few days. The amount of compensation in these instances is different. If you do not resume work completely, the damages will be significant, as they should cover lost future earnings.

The Coverage the Insurance Firm Offers

Many insurance companies issue maximum reimbursement for any accident. However, when the truck accident involves several vehicles, the compensation might be reduced.

The At-fault Party

When a truck driver is at fault for the accident, then the insurer of the truck company will be liable for your injuries. Conversely, when you are partly at-fault for the accident, the court or insurance adjuster will reduce your total damages by your percentage of fault.

Your Life Expectancy

The life expectancy of the victim also influences the amount of compensation they will collect from a claim. If you are young, your life expectancy is high, meaning you will be eligible for more compensation, depending on the damages you seek, than an older person.

Available Evidence

Gathering evidence after the truck accident is crucial, as it determines the damages to be awarded. Take pictures of your injuries and property damage, and preserve copies of the medical report and receipts. With substantial proof of the injuries sustained, costs involved, and losses suffered as a result, you will collect more money in damages.

Your Believability

Damages like pain and suffering are subjective. The amount you will receive for these damages depends on the documentation of the suffering and pain, and how the jury or judges relate to or sympathize with your situation. Therefore, you will receive more compensation if the judges like you and believe your story than when they do not believe your story.

Types of Damages Available in Truck Accident Claims

If you have identified the negligent party in the case and have evidence to show they are liable for your harm or losses, what is next? Consult an experienced truck accident attorney to estimate your injuries and other legal damages stemming from the accident. There are several damages or compensations you can pursue after a truck collision.

  1. Special or Economic Damages

Special damages are losses that you can easily state or attach a dollar value to. When discussing your case, your personal injury attorney will want details of the economic losses you have incurred because of the accident, including the money you have spent out-of-pocket. Examples of economic damages include lost wages, medical bills, childcare services, property damage, and loss of future earning capability.

You will receive lost wages if the truck accident leaves you with severe injuries that render you unable to resume work for a given duration. Even if you can return to work right away, several reasons, like surgery, can keep you out of work for weeks. Appointments with your doctor or physical therapist can also make you miss work for hours during a workday. Lost wages reimburse you for commissions, salary, bonuses, allowances, overtime pay, or self-employment wages you have missed because of your injuries.

Another economic damage you must receive is for the medical expenses, current and future. The amount you receive for these damages depends on the severity of your injuries and how well you document the evidence. It is crucial to prove that the liable party is the proximate cause of the injuries. Additionally, you must have evidence to show the expenses incurred in treatment and the amount you will require for future treatment, if necessary.

If the injuries bar you from ever returning to work, you should seek reimbursement for the wages you will lose in the future due to the harm suffered. Unlike other economic damages, these are difficult to calculate. You must involve forensic accountants or other economic experts for these estimates. The factors that determine these damages include:

  • Your age

  • The amount you received in wages prior to the accident

  • Your life expectancy

  • Duration of the injuries

  • Career objectives and interests

  • Employment contract terms

  • Return-to-work formula

  • Your possibility of career advancement before the collision

  • Testimony from expert witnesses

Property damage is part of economic damages, as you can attach a dollar amount to the damage done to your car or any other property.

  1. General or Non-economic Damages

General damages are losses that are difficult to calculate because of their intangible nature, which makes it difficult to assign a dollar value. For example, it is difficult to equate your pain after an accident in terms of dollars. These damages include:

  • Mental anguish

  • Pain and suffering

  • Physical impairment

  • Loss of life enjoyment

  • Loss of consortium

  • The cost of lost services

Proving that you have suffered general damages after a truck collision is difficult. You must partner with a personal injury attorney early in the case to document these damages and compose a story that is believable to the insurance adjuster or the court. Because the losses are not easy to estimate does not mean you should not seek compensation. Speak to your attorney to prepare for the case sufficiently and gather enough proof to demonstrate any of the general damages you suffered, regardless of how difficult it is to estimate in dollar value.

Calculating the Amount You Will Collect from Your Claim

The common accident settlement method utilized to calculate damages in a truck accident is the multiplier technique. It uses the formula: Special Damages + (Special Damages X Multiplier).

The multiplier refers to any number between one and five that describes the effects of the truck accident on your life. The sum of your special damages will be multiplied by the multiplier. The result will represent general damages, which will be added to the economic damages to get the total amount you will receive from a claim.

You receive the sum of general and special damages in full if you were not responsible for the accident in any way. Nonetheless, when you are partly liable for the collision, the results from the multiplier formula will not be your total damages. The court or insurance adjuster will deduct an amount equivalent to your portion of blame for the accident and subsequent injuries. Also, you might collect a lesser amount than the result from the formula if the maximum insurance coverage by the liable party’s policy is less than the estimated compensation.

Punitive Damages in Truck Collisions

Although you can pursue punitive damages in your truck accident compensation claim, the court rarely awards these damages. The damages are granted in addition to general and special damages, not to make you whole after the collision, but to punish the liable party and discourage others from engaging in the same behavior. The judge will award you these damages if you demonstrate that the actions by the liable party were wrongfully intentional or had malicious disregard for human life.

For example, you can pursue punitive damages if you have evidence to prove that the responsible party maliciously or intentionally disregarded traffic rules or safety regulations, causing an accident that left you, the victim, dead or with severe injuries.

Punitive damages, unlike general and special damages, have no calculation formula. Instead, it is the judge who decides whether or not to grant the damages and the amount you should collect. If the court awards you punitive damages, the amount you will receive hinges on:

  • The degree to which the liable party’s conduct was reprehensible

  • Whether there is a link between the punitive damages figure and the plaintiff’s injuries

  • The amount is sufficient to discourage and punish the defendant’s behavior, but taking into account their financial position.

Liable Parties in Truck Accidents

Now that you know what damages you should collect, it is time to identify the party you will be suing. There are many players in truck accidents, making the process of seeking damages complex. Before lodging a claim, you should understand where liability lies. The common parties you can sue in a truck accident claim are:

The Trucking Firm

California implements federal laws regarding limits on the size and weight of cargo trucks and designations. When a truck firm violates these regulations to avoid expenses or increase profits, you can sue them for compensation if the violation leads to a collision. When you sue the company, you must prove they acted negligently. Your attorney must demonstrate that:

  • The firm permitted trucks to carry excessive weight above the limit provided by the law

  • The cargo the truck was carrying was unbalanced, and this caused the accident

  • The truck was not adequately maintained, and this led to the accident

  • The company employed an unskilled driver and did not provide training

  • The firm pressured the driver to meet unreasonable deadlines, leading to fatigue and stress, which caused the accident.

Vicarious liability or respondeat superior makes the company responsible for the actions of the drivers, which enables you to lodge a claim against the company directly.

However, the firm will not be at fault if the truck driver is an independent contractor, was running personal errands when the collision happened, or was engaging in conduct outside the employment scope. The driver’s employer will also not be liable if the trucker was driving while intoxicated.

Suing the trucking firm is beneficial because these companies have extensive insurance policies capable of covering all the damages awarded by the court. So, when you sue the company, you will collect your rightful damages.

The Trucker or Truck Driver

Where you cannot sue the truck company, you should go after the truck driver, even though they are less likely to have sufficient insurance coverage to cover all your legal damages. You should sue the driver if they were speeding, drunk driving, driving while distracted, or changing lanes inappropriately, causing the accident.

Manufacturers of Truck Parts

Truckers and their employers are responsible for the smooth operation of trucks on the road. Usually, they take the blame for many truck accidents. However, in particular instances, these parties cannot be blamed for the accident, particularly if they have not breached the law. When the defective truck parts lead to an accident, you can sue the manufacturer of these autoparts for compensation.

Insurance Coverage Limit and Its Effects on the Amount You Will Collect from the Claim

The limit of the insurance policy held by the liable party will affect the total compensation, particularly if the accident was severe and the damage is extensive. However, even if the coverage is not sufficient to compensate you for all the legal damages, you can explore other legal avenues to recover the difference.

Typically, after an accident where the trucker or truck firm is liable, you should send a demand letter to their insurer demanding reimbursement. The liable party’s liability insurance policy will pay for the losses stemming from the collision. However, the policy has a limit. Even if your rightful compensation exceeds the limit, the insurer will not pay any extra money above the maximum coverage. It is up to you and your attorney to find legal avenues to bridge the gap. Once the liability insurance coverage limit is attained before you are fully compensated, you can generate money from:

  • Your uninsured or underinsured motorists insurance policy, if you have purchased one

  • Your injury protection policy

  • Your liable party’s assets

Partnering with a competent truck accident injury claim will ensure you collect your rightful damages. The injuries from truck collisions are normally catastrophic, including traumatic brain injuries, spinal cord injuries, fractured bones, and internal injuries. Some accidents are even fatal. The compensation you deserve to cover all your damages, including medical bills, is significant, making it essential to collect maximum compensation.

Partial Liability in Truck Accidents

If you are partly liable for the collision, the fault percentage could reduce your compensation. Alternatively, you could be denied damages entirely, depending on the doctrine that your state adopts regarding shared fault in personal injury claims.

Virginia and a few other states adopt contributory negligence, which is the harshest fault rule. Per the rule, you cannot seek compensation if you are to blame for the accident, even in the slightest way.

Nevertheless, several other states use the comparative negligence rule, where fault is assigned to liable parties in percentages. Under this doctrine, liable parties can seek compensation if they are less than 50% liable for the accident. However, the court will deduct your percent of fault from these damages.

The Role of a Personal Injury Attorney

A crucial factor that determines the success of your compensation claim and the amount you will receive is access to legal counsel from a competent truck accident attorney. Truck collision compensation claims are lengthy and complex, particularly if you are still recovering from the accident. Nevertheless, when you enlist the services of the right car accident attorney, you can focus on recovery while the attorney handles your compensation. Your legal counsel can:

  • Gather new evidence, analyze police reports, and pictures of the scene

  • Offer the legal guidance you need to navigate the case

  • Lodge a claim in court if no settlement is reached with the insurance adjuster before the expiration of the statute of limitations.

  • Explore other compensation avenues if the liable party's coverage reaches its limit before covering all your damages.

  • Represent you in court if there is no settlement

Find an Experienced Truck Accident Attorney Near Me

The weight of trucks makes accidents involving these vehicles catastrophic. Victims sustain severe injuries and extensive property damage. If you have been injured in these accidents and are seeking compensation, several factors affect the amount you will collect, particularly access to a competent truck accident attorney.

At Los Angeles Car Accident Attorney, we have profound personal injury attorneys with knowledge of truck accident compensation claims who are willing to guide you in the claim process and ensure maximum reimbursement sufficient to cover all your losses. Call us at 424-237-3600 to start the claim process.