Truck driving down the road

Types of Damages You Can Recover in a Truck Accident Case

By Steven Miller
Senior Partner

Truck accidents tend to be far more catastrophic than those involving passenger vehicles, due to such factors as their size and weight. If negligence was responsible for the accident, the victim has the right to recover damages. Recovering those damages is no simple task and should only be done with the assistance of legal counsel. Were you or a loved one hurt in a truck accident due to someone else’s irresponsible conduct? Give Miller, Montiel, & Strano, P.C. a call.

Factors that complicate truck accidents

Not only are injuries involving large trucks generally worse compared to those with smaller vehicles, but the procedure for seeking damages is more complex. To begin with, there may be multiple defendants involved, from the truck driver and his or her employer to the truck’s manufacturer and the company that loaded the cargo. There may also be more evidence to obtain and preserve, such as the truck’s black box recording device.

Federal trucking regulations may come into play and could provide additional evidence of negligence. As one example, rules limit how much time a truck driver can spend on the road. If the trucking company directed the driver to violate this rule, that’s a strong indication of negligence. There are also more nuances to the settlement negotiation process due to the possibility of multiple defendants and the potential for significant damages.

Compensation you could be able to claim

As to those damages, a victim may be eligible to demand a number of them from the liable parties. Every truck accident is different, so the type and amount of damages a victim can seek will be different from those of another wreck. These are a few examples:  

Non-economic damages. This technical term refers to a category of damages that includes losses that are generally the most significant in these types of cases. Damages for non-economic losses include compensation for your personal injury, pain and suffering, loss of your ability to enjoy life, psychological injuries, emotional distress and disability.

Medical bills. A serious enough accident could leave someone hospitalized for weeks or months. The victim may require surgery, physical therapy, rehabilitation, prescription medications, adaptive medical equipment, and more. Medical expenses could be incurred long into the future, but the victim can seek compensation for these as well.

Lost wages and lost earning capacity. While the victim is recovering from his or her injuries, seeing the doctor for follow-up medical appointments, and tending to other business related to the accident, time will be missed from work. If the victim’s injuries are especially severe, he or she may not be able to work at the same level or in the same career as before, costing the person future income, raises, and benefits.

Property damage. The responsible party can be required to pay to repair or replace the victim’s vehicle, along with personal property lost in the accident.

Wrongful death expenses. If the victim dies in the truck accident, eligible survivors can seek certain wrongful death damages such as the victim’s final medical bills and funeral expenses. Wrongful death claims are similar to personal injury lawsuits, and our law firm can help you pursue one.

Let Our Experienced Truck Accident Attorneys Advocate For You

Truck accident damages can be quite substantial, but you do not have an endless amount of time to request them. Deadlines apply to legal claims and it can be more difficult to obtain the supporting evidence you need if you wait too long. Reach out to Miller, Montiel, & Strano, P.C. today to get started on your case.

About the Author
Steven Miller, Esq. is the founding member and Senior Partner in Miller, Montiel & Strano, P.C. Mr. Miller’s extensive career as a trial attorney spans five decades. He tries cases for the catastrophically injured victims of construction site accidents, motor vehicle and premises accidents caused by the negligence of others. Mr. Miller is a detail oriented, tenacious attorney committed to achieving the maximum results for his clients; he has obtained numerous seven figure verdicts and settlements.