What Compensation Can You Claim After a Truck Accident?

Today’s topic: Truck accident compensation.

Just in the past ten years, truck mishaps have become a new pandemic. And it does not stop there. According to data, in 2023, approximately 114,552 large trucks were involved in crashes.

These accidents become a big factor for not only physical sufferings but also financial ones. At the same time, the legal rights that you have might come in handy during this procedure.

If you, at least once, were in a truck accident, learning about the truck accident compensation that you have a right to receive is very beneficial.

Hi. In today’s blog, I will be talking about what the truck accident compensation is and how you can claim it. So, if this is what you are trying to know, keep reading until the end, and thank me later…

What Are Economic Damages In Truck Accident Compensation?

Economic damages are direct financial losses resulting from the accident. They are quantifiable losses, and you have documentation supporting them.

These are crucial because they are often the foundation of a personal injury claim, as they demonstrate tangible losses.

Courts and insurers consider economic damages straightforward, objective, and easy to calculate. You can classify them into four categories:

1. Medical Expenses

A truck accident can leave you with significant injuries. Victims usually face substantial healthcare costs for the following things:

• Ambulance transport.
• ER visits.
• Hospital stays.

Intensive care, surgery, or extended hospitalization will only add to them.

Even so, the medical expenses will not necessarily end with that. You might require long-term rehabilitation through physiotherapy or chiropractic care to regain function.

These expenses are central to compensation. They show direct harm, entitling you to reimbursement.

As a result, your lawyer will work closely with your clinician to predict future costs and calculate present ones.

Additionally, you must prove the full extent of the injury and its related expenses to secure maximum compensation.

So, be sure to keep track of all your medical records, bills, prescriptions, and expert opinions. 

2. Lost Wages

Accidents often result in missed work, leading to a loss of income. You might also miss promotions, freelance work, or new business opportunities.

Lost wages are a form of compensation meant to reimburse victims for this money; they are compensation for the funds you would have earned if the accident had not occurred.

These usually include:

• Hourly wage
• Salary 
• Overtime 
• Bonuses
• Commission
• Lost benefits (paid vacation or sick leave).

This compensation also makes up for lost future earnings in more serious cases when the victim’s ability to return to work takes a severe hit. 

3. Property Damage

Vehicles in truck collisions usually suffer significant damage, sometimes being totaled completely.

Here, property damage compensation covers the cost of repairs and replacement. Insurers will assess repair estimates or assign your vehicle a value based on current market conditions.

You will then be entitled to the amount of property damage. Compensation doesn’t just stop here. You can also recover other expenses depending on the circumstances:

• Personal belongings: You can seek compensation for phones, laptops, or other valuable items present in your truck during the crash. However, you must itemize these losses and show evidence, such as receipts or photographs, to back them up.
• Loss of use: These damages cover rental car expenses while your vehicle is out of use. 

4. Out-of-Pocket Costs

Such costs relate to all the incidental expenses you part with when carrying out the clean-up operation after a car accident. These expenses are not visible, but they can become quite hefty in no time.

Let me give you some examples of out-of-pocket expenses in truck accident compensation:

• Transportation costs: The money that goes to rideshares, taxis, or fuel needed for car trips to medical appointments.
• Home modifications: They can be found as an option for victims in case they suffer from a mobility impairment due to the car crash. Modifications are changes that enable the user to access the part of the house that was inaccessible before by for example installing wheelchair ramps and stair lifts.
• Medical equipment: It is possible that you have to pay for some health-related items since your insurance does not cover them. Such items may be crutches, braces, compression garments, mobility scooters, walkers, shower chairs, specialized bedding, and smaller purchases like bandages.

Out-of-pocket expenses can gradually become quite a burden from a financial point of view. Unless you reveal them, the insurance companies will most likely disregard them.

So it is crucial that your attorney and you introduce these expenses as evidence in the claim you file by cooperating closely.

What Are Non-Economic Damages In Truck Accident Compensation?

Not all losses are tangible. Accident victims have to deal with trauma, pain, and other intangible lifestyle changes.

These come under non-economic damages. However, these damages are tricky because they are subjective and difficult to calculate.

You must work with a skilled lawyer and gather all medical records, psychological evaluations, and personal testimony to build a strong case.

Non-economic damages entitle you to compensation based on four main factors:

1. Pain and Suffering

This refers to the physical hardships or discomfort a victim has to endure. There is pain from the injury itself, pain from recovery, and discomfort from surgeries, therapies, or other medical processes.

Pain and suffering make up a large proportion of non-economic damages in legal terms. Insurance companies will try to minimize this, which makes working with an experienced truck accident lawyer vital. 

2. Emotional Distress

Emotional distress covers the psychological impact of the crash. Victims may suffer from the following things:

• Post-traumatic stress disorder (PTSD).
• Anxiety.
• Depression.
• Develop a phobia.

These problems can be debilitating, affecting sleep and concentration. Additionally, it can also negatively impact your relationships and your ability to perform at work.

Courts consider the duration, intensity, and impact of emotional symptoms when awarding compensation.

As such, you must have records of psychiatric evaluations, therapy records, and testimonies from your friends and family.

3. Loss of Consortium 

This refers to the deterioration of a personal relationship, usually between spouses, following the accident.

The damage category accounts for the emotional and relational strain caused by one partner’s diminished ability to engage in normal relationship activities like before.

If the injured party cannot participate in family life or a marital relationship in the same way, their spouse can claim for loss of consortium.

However, this damage is inherently personal and harder to prove, so it is less frequently awarded than other damages. 

Punitive Damages: Punishing the Party At Fault

Punitive damages do not compensate you but punish the at-fault party for especially egregious, malicious, or grossly negligent behaviour.

We don’t usually see the jury awarding these in truck accident cases. However, example cases could include:

• A truck driver operating under the influence of drugs or alcohol. 
• A company knowingly violates safety laws and falsifies driver logs to push employees beyond legal working hours. 

These damages are above and beyond economic and non-economic compensation. You can typically not negotiate them in settlements, either.

Instead, the intention is to punish the culprit to deter others from doing the same. As such, you must have strong evidence demonstrating gross misconduct to get justice.

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