Trucks and semi-trucks play a crucial role in the transportation industry, and you will probably come across one or two as you are driving around the city of Las Vegas. While there are strict state and federal laws that trucking companies and truck drivers should follow to curb truck-related accidents, these accidents are not uncommon on the roadways.
Whether you are a motorcyclist, pedestrian, bicyclist, or driver of a passenger vehicle, you should begin strategizing how to seek your deserved compensation as soon as you can following a truck accident, even if you were partially at fault. Don't let the already accumulating medical bills and other losses arising from the accident cripple your financial status and ability to progress in life because you could be eligible for huge compensation under personal injury laws.
Determining the compensation for a truck accident that led to your injuries and losses is a legal issue you need to discuss with a reliable injury attorney for legal representation and guidance on your way forward.
How to Build Your Injury Case Before Determining the Compensation You Deserve in a Truck Accident
Truck-related accidents often cause catastrophic injuries and even death. If you are lucky to be conscious after involvement in a truck accident, you should start building up your case immediately. Below are crucial or critical steps you can take to preserve your legal rights and increase your chances of achieving adequate compensation for your injuries and other losses arising from the impact of the truck accident:
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Remain at the Accident Scene if Possible and Call the Police
Following any motorist accident, every driver must remain at the accident scene until the arrival of the police. Otherwise, fleeing the accident scene can make law enforcement officers consider the case as a hit and run, reducing your chances of achieving your deserved compensation even if you have injuries.
Remaining at the truck accident can help you build a stronger compensation claim because you will have a chance and time to collect the following crucial evidence in a personal injury case:
- Pictures of your vehicle damage, injuries, current weather, and road condition
- Name of the other party involved
- Details of the model and type of the truck
- Eyewitness(s) information about the accident
- Copy of the police's report about the accident
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Seek Medical Help
Next, you should prioritize your health even if you feel fine because internal injuries can be deadly. Symptoms of the possible injuries you could suffer in a truck or semi accident like internal bleeding, neck injuries, and traumatic brain injuries do not develop or manifest immediately to the point of bothering you.
Apart from protecting your health, seeking medical assistance after involvement in a truck accident also gives you a chance to document your medical concerns and costs, which strengthens your compensation claim
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Try to Identify the Parties Involved in the Accident
While truck drivers are liable for causing most accident cases, don't forget even the trucking company could be liable under certain circumstances. For that matter, you should try to identify any memorable signs or marks of the truck and the trailer.
Your attorney might need this helpful information when determining which party is liable for your injuries and vehicle damage following a truck collision or accident. While at it, you should also obtain various information from the truck driver, including:
- His/her contact information
- Contact information of his/her employer or the trucking company
- Contact information of his/her insurer
Beware not to give statements or information that might weaken your compensation claim against the at-fault party because insurance adjusters will use this information to reduce or deny the compensation you deserve.
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Notify Your Vehicle Insurer
Even if you don't intend to file a compensation claim with your vehicle insurer, you may want to file a report of the truck collision to preserve your rights of seeking compensation later if you decide to do so. As part of your insurance coverage agreement, you must notify your insurance provider about any accident involvement incident within the agreed deadline for your policy.
While it's essential to notify your insurance company about the truck accident, you should avoid providing too much information about the accident when you talk to their agent or adjuster because it can affect the outcome of your case.
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Call a Truck Accident Attorney
If you are already suffering injuries following the truck accident, your injury attorney can help you pursue your deserved compensation from the at-fault or liable party while you are recovering. A reliable personal injury attorney will understand the circumstances leading to the accident to build a strong compensation claim against the liable party.
Potential Liability Areas in a Truck Accident Who Might be Accountable for Your Injuries and Losses Compensation
Often, most people are unsure of potential liability areas in a truck accident, but this should not be a hassle if you have an attorney by your corner. You need to figure out the potential liability areas in your truck accident case ahead of time to file your compensation claim before the statute of limitations for doing so, which is two years from the accident occurrence date.
Below are potential liability areas that might be accountable for your injuries and other damages arising from the truck accident:
The Trucking Company
Under the law, every trucking company has the responsibility of providing their truck drivers with reasonable and safe working conditions. For instance, it is illegal for a trucking company to force their truck drivers to continue working or driving past the authorized maximum number of driving hours for every shift.
The trucking company might be accountable for your compensation for losses and injuries resulting from the truck collision if the cause of the accident was drowsiness as long the truck driver was operating or driving within the scope of his/her employment.
However, the trucking company will not be liable for any losses resulting from the accident if the cause of the accident was the truck driver's negligence or intentional acts.
The Truck Driver
While truck drivers are among the most careful and skilled drivers on the road due to the size of the truck and freight size, they also cause accidents. A truck driver could be accountable for your losses arising from the truck accident under the following conditions:
- He/she had inadequate training to drive a truck
- He/she was drunk driving
- He/she was driving recklessly, for example, by texting while on the wheel
- He/she was speeding
The Truck Manufacturer or its Parts Manufacturer
The truck manufacturer or its parts manufacturer can also share liability in a truck collision case if the accident cause was a part malfunction or defectiveness. Under strict product liability law, every truck manufacturer bears the responsibility of ensuring their trucks are in an excellent and safe driving condition before reaching their potential customers’ hands.
Suppose a truck's part malfunction, like brakes failure or tire blow-out, was the cause of the truck accident leading to your injuries and vehicle damage. In that case, your injury attorney might be able to use strict product liability law to hold the truck manufacturer and its parts manufacturer liable for your losses arising from the accident.
Cargo Company
You might not know it, but improper cargo loading is not an uncommon cause of truck accidents. When a cargo company ignores the standards for cargo weight, size, width, and length, even a slight shifting of the load while on the road can make the truck unstable, causing jackknifing or a rollover accident.
If that is the case, your injury attorney can help you seek your deserved compensation from the cargo company for improper cargo loading or overloading.
Considerations When Determining the Compensation for a Truck Accident
Once you determine the potentially liable parties in a truck accident, you should begin preparing everything you need to ensure your claim is detailed and complete, including determining the compensation you deserve for your losses and injuries. When determining the compensation or damages you deserve for your injuries and losses following a truck accident, your attorney and the court will consider the following:
Your Medical Bills
Often injuries resulting from a truck accident are catastrophic and may eat up all your savings or pension to treat because medical expenses you are likely to incur are too high, including your current and future medical bills. Below are some of the common medical bills you might incur following a truck accident and are compensable under the law:
- Chiropractor costs
- Diagnostic fees
- Physical therapy costs
- Primary care doctor or physician costs
- Current medical expenses
- X-rays and CT scans costs
- Medical monitoring
- Possible future medical expenses
Current Wages
Your compensation claim should also include the total current wages you might lose as you seek treatment due to the injuries arising from the truck accident. Depending on the severity of your injuries, you might be absent from work for weeks or even months. Compensation for lost wages includes your:
- Self-employed income
- Overtime pay
- Commissions
- Bonuses
- Regular pay
- Vacations allowances
Lost Earning Capacity
Under the personal injury laws, if your ability or capacity to continue working reduces due to the injuries arising from the truck accident counts as "lost earning capacity" and is compensable as well. If you qualify for this type of compensation or damages, you will receive your payment as a lump sum or monthly.
The court will consider the following when determining the amount you will receive as compensation for your lost earning capacity or ability:
- Your education level
- Your work history
- Your profession
- The location where your job is
- Current market value and wage rates
- Your promotion history
- Your talents and abilities
An experienced attorney will beware of all these court's considerations when awarding lost earning ability or capacity compensation and consider them when preparing your compensation claim against the at-fault party.
Your attorney carries the evidentiary burden to prove to the court that you deserve maximum compensation for your lost earning capacity and not only your lost wages.
Pain and Suffering
The aftermath of a truck collision incident is often pain and suffering due to the possible catastrophic injuries you might suffer. Even if you cannot attach a monetary value to this type of loss, it is still compensable under the law.
Determining if you are eligible for this type of compensation and the amount you should receive is a complex legal issue, but you should not worry about this if you have an attorney by your side. You might qualify to receive pain and suffering compensation if you are likely to experience:
- Loss of your ability to enjoy life due to a missing limb or disfigurement
- Insomnia
- Grief
Emotional Distress
People also suffer emotional distress in the aftermath of a truck collision or accident, including stress, worrying, loss of concentration, or crying. Under the law, you are eligible to receive compensation for the mental anguish you will be experiencing and probably continue experiencing due to the injuries resulting from the truck collision.
Determining how much you deserve for this type of non-economic compensation or damages and how to prove to the court that you deserve it is an issue you need to discuss with your attorney. Ensure you keep your emotional distress journal, showing you are experiencing anxiety and lack of sleep due to the injuries resulting from the truck accident to help your attorney calculate how much you deserve as compensation and strengthen your claim.
Loss of Consortium
When you lose your loved one in a truck collision, making you unable to provide and cater for your family, you are also eligible to seek maximum compensation for the loss of consortium. In this case, the compensation you will receive should cater to the sexual relations, comfort, companionship, affection, and love you had with the victim before the occurrence of the truck accident.
Compensation for this type of loss is available even if the victim did not die, as long as your attorney can prove to the jury beyond a reasonable doubt that the injuries the victim is suffering are severe, long-lasting, or permanent.
Typically, loss of consortium is a non-economic type of compensation or damages available in a truck accident lawsuit. Calculating the amount you deserve for this type of non-economic damages due to the loss of a consortium requires an attorney's expertise because you cannot quantify or attach a monetary value to these types of losses.
Whether you are a spouse, cohabitant, parent, or children to the truck collision victim, you are eligible for this type of non-economic compensation. The success of your compensation claim in the aftermath of a truck accident will depend on your attorney's skills and experience with the court system.
Wrongful Death
Unfortunately, the aftermath of a truck collision may also include death if the injuries are very severe. Under the wrongful death laws, surviving family members of the truck accident's victim, including the spouse, brother, sister, children, or parents, are also eligible to seek monetary compensation for losing their loved one due to the negligence or recklessness of another party.
You are eligible to receive compensation for the following type of losses in a wrongful death lawsuit:
- Pain and suffering of your loved one before his or her death
- The victim's medical expenses
- The victim's lost income or financial provision to the family
- Loss of companionship
- Loss of parental training and guidance
- Total funeral and burial expenses
Life after involvement in a truck or semi-truck accident might not be the same again, but you have a right to seek compensation for all your losses, even if the accident led to the wrongful death of your loved one. When determining the compensation for a truck accident, your attorney must consider all of the above factors influencing the type and amount of compensation you could receive for your losses and injuries.
How to Prove to the Jury You Deserve the Above Type of Compensation
Most truck accidents are due to negligence or actions which show disregard for human life and safety. Suppose the cause of your injuries and losses arising from the truck accident is the negligence of another party like the driver. In that case, you must prove every element of negligence in court to hold him or her accountable for your damages.
Below are elements of negligence to demonstrate to the jury for an award of the deserved compensation:
- Duty of Care
- Breach of the duty of care
- Causation
- Damages
When the defendant raises mitigating defense arguments to prove you were also partially at fault in the truck accident, you might still be eligible for partial compensation under contributory negligence law. Contributory negligence law allows you to receive partial compensation for your losses depending on the degree or percentage of your contribution to the accident.
Find a Truck Accident Attorney Near Me
As seen above, determining the compensation for a truck accident is a complex and confusing legal issue. Reliable attorneys at Las Vegas Personal Injury Attorney Law Firm understand this and are here for you to help you seek adequate compensation for your injuries and losses arising from the truck accident. We invite you to call us at 702-996-1224 to discuss your case with our profound attorneys.
