Truck flipped on it's side in the grass

Understanding Liability In A Truck Accident Lawsuit

If you are injured in a truck accident, you may be able to recover compensation by filing a truck accident lawsuit. To do so successfully, you must prove liability. There are several ways to establish liability against the truck driver and trucking company:

  • Negligence – The truck driver acted negligently by violating traffic laws or safety regulations, driving aggressively or recklessly, driving distracted, speeding, driving under the influence, or otherwise operating the truck unsafely. Their negligence directly caused the crash and your injuries.
  • Vehicle defects or inadequate maintenance – The truck or some component was defective, or the trucking company failed to adequately maintain the vehicle, leading to brake failure, tire blowout, or other mechanical problems that caused the crash.
  • Driver fatigue – The driver had been behind the wheel for too many hours without adequate rest, in violation of Hours of Service regulations, resulting in drowsy or fatigued driving that led to the crash.
  • Improper loading – The cargo was loaded unsafely or improperly distributed, resulting in shifting load or other problems that caused the driver to lose control.
  • Employer negligence – The trucking company acted negligently in hiring, training, supervising, or retaining the driver, despite signs they were unfit, incompetent, or dangerous.

Proving liability is essential to recovering full and fair compensation in your truck accident injury claim. Our experienced truck accident attorneys can help investigate fault and build a strong case by gathering evidence and witness testimony to prove the liable parties’ legal responsibility.

Understanding Liability In A Truck Accident Lawsuit

If you are injured in a truck accident, you may be able to recover compensation by filing a truck accident lawsuit. To do so successfully, you must prove liability. There are several ways to establish liability against the truck driver and trucking company:

  • Negligence – The truck driver acted negligently by violating traffic laws or safety regulations, driving aggressively or recklessly, driving distracted, speeding, driving under the influence, or otherwise operating the truck unsafely. Their negligence directly caused the crash and your injuries.
  • Vehicle defects or inadequate maintenance – The truck or some component was defective, or the trucking company failed to adequately maintain the vehicle, leading to brake failure, tire blowout, or other mechanical problems that caused the crash.
  • Driver fatigue – The driver had been behind the wheel for too many hours without adequate rest, in violation of Hours of Service regulations, resulting in drowsy or fatigued driving that led to the crash.
  • Improper loading – The cargo was loaded unsafely or improperly distributed, resulting in shifting load or other problems that caused the driver to lose control.
  • Employer negligence – The trucking company acted negligently in hiring, training, supervising, or retaining the driver, despite signs they were unfit, incompetent, or dangerous.

Proving liability is essential to recovering full and fair compensation in your truck accident injury claim. Our experienced truck accident attorneys can help investigate fault and build a strong case by gathering evidence and witness testimony to prove the liable parties’ legal responsibility.

Types of Damages You Can Claim After a Truck Accident

If you have been injured in a truck accident that was caused by someone else’s negligence, you have the right to pursue compensation for your losses. There are different types of damages you may be entitled to, including:

  • Economic damages – These cover quantifiable monetary losses like medical bills, lost income, property damage, and other out-of-pocket expenses. Be sure to keep records and receipts. Additionally, when assessing economic damages, future expenses related to medical bills, disability, or long-term care can also be taken into account.
  • Non-economic damages – These account for subjective, non-monetary losses like pain and suffering, loss of companionship, emotional distress, disfigurement, loss of enjoyment of life, and other hardships. The severity and duration of your injuries impact non-economic damages.
  • Punitive damages – If intentional misconduct by the truck driver or trucking company is proven, you may receive additional damages as punishment. The egregiousness of the behavior affects punitive damages.

An experienced truck accident attorney can help fully identify and calculate the compensation you deserve in a lawsuit, including all applicable damages. They will negotiate aggressively on your behalf and take the case to trial if a satisfactory settlement cannot be reached through mediation or arbitration. Don’t hesitate to exercise your legal rights and hold all responsible parties fully accountable after a truck collision. The law provides this avenue of recourse and recovery for injured victims.

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Calculating and Documenting Your Truck Accident Damages

When filing a lawsuit over a truck accident, an essential step is calculating and documenting all of your damages resulting from the crash. This provides the evidence needed to justify the compensation you are seeking. Consider the following key categories of damages:

  • Medical expenses – Include all bills for hospitalization, surgeries, doctor visits, physical therapy, medications, medical equipment, and any other treatments. Get copies of all itemized bills and records.
  • Lost income – Calculate income lost due to missing work because of injuries. Provide pay stubs or tax returns showing your typical earnings.
  • Loss of future earning capacity – In some instances, an injury can prevent you from returning to the same job or reduce your ability to work. Attorneys often work with vocational and economic experts to assess the impact of injuries on a person’s ability to earn income in the future. An experienced attorney can assist you in estimating this loss of future income.
  • Property damage – Document repair or replacement costs for any property damaged, such as your vehicle. Provide repair estimates or receipts.
  • Pain and suffering – While inherently subjective, physical pain and emotional distress from the accident constitute a vital component of compensation in personal injury cases. This category encompasses not only the tangible physical pain resulting from the accident but also the often overlooked emotional distress that can profoundly affect an individual’s well-being. Keep a journal detailing your struggles.
  • Loss of companionship – For severe injuries, account for impact on family relationships and activities.

Thoroughly documenting each category with evidence like receipts, pay stubs, journals, and repair estimates will help justify your claimed damages. An experienced truck accident attorney can help calculate the full compensation you are owed and fight to obtain fair restitution for your losses. Maintaining meticulous records is key to getting fully compensated for your truck accident damages.

Call Monsees & Mayer today at (816) 361-5555 with any questions regarding your claim. We are here to help. 

Calculating and Documenting Your Truck Accident Damages

When filing a lawsuit over a truck accident, an essential step is calculating and documenting all of your damages resulting from the crash. This provides the evidence needed to justify the compensation you are seeking. Consider the following key categories of damages:

  • Medical expenses – Include all bills for hospitalization, surgeries, doctor visits, physical therapy, medications, medical equipment, and any other treatments. Get copies of all itemized bills and records.
  • Lost income – Calculate income lost due to missing work because of injuries. Provide pay stubs or tax returns showing your typical earnings.
  • Loss of future earning capacity – In some instances, an injury can prevent you from returning to the same job or reduce your ability to work. Attorneys often work with vocational and economic experts to assess the impact of injuries on a person’s ability to earn income in the future. An experienced attorney can assist you in estimating this loss of future income.
  • Property damage – Document repair or replacement costs for any property damaged, such as your vehicle. Provide repair estimates or receipts.
  • Pain and suffering – While inherently subjective, physical pain and emotional distress from the accident constitute a vital component of compensation in personal injury cases. This category encompasses not only the tangible physical pain resulting from the accident but also the often overlooked emotional distress that can profoundly affect an individual’s well-being. Keep a journal detailing your struggles.
  • Loss of companionship – For severe injuries, account for impact on family relationships and activities.

Thoroughly documenting each category with evidence like receipts, pay stubs, journals, and repair estimates will help justify your claimed damages. An experienced truck accident attorney can help calculate the full compensation you are owed and fight to obtain fair restitution for your losses. Maintaining meticulous records is key to getting fully compensated for your truck accident damages.

Call Monsees & Mayer today at (816) 361-5555 with any questions regarding your claim. We are here to help. 

Frequently Asked Questions About Damages In A Truck Accident Lawsuit

What types of damages can I claim in my lawsuit?

There are two main categories of damages you can pursue – economic and non-economic. Economic damages cover quantifiable losses like medical bills, lost income, property damage, etc. Non-economic damages cover subjective losses like pain and suffering, loss of enjoyment of life, emotional distress, disfigurement or disability. Your attorney can help calculate all applicable damages.

How are pain and suffering damages calculated?

There is no exact formula for calculating pain and suffering damages. The court will consider factors like the severity of your injuries, length of recovery time, extent of physical pain, emotional impacts, loss of mobility or enjoyment of activities, etc. Your lawyer will advocate for a fair pain and suffering amount based on case evidence.

Can I get compensation for future medical expenses?

Yes, you can claim damages to cover reasonably anticipated future medical costs related to your injuries. This includes expenses like ongoing therapy, assistive devices, at-home care, prescription medications, and more. Your lawyer can retain expert witnesses to help substantiate these future costs.

What if I missed work because of the accident

You can claim lost income damages to compensate for past and future wages lost due to missing work during recovery. Your attorney can calculate this based on pay stubs, tax returns, employer records, etc.

Contact Our Truck Accident Attorneys Today

Though the process of recovering damages from a truck accident lawsuit can be complex, understanding the types of compensation available is an important first step. With knowledge of economic and non-economic damages, you can build a strong case with your attorney. Keep records of all losses and costs from medical bills to lost income. Seek fair payment for pain and suffering. Though no amount of money can undo injury, holding negligent parties accountable through legal action can provide critical resources for your recovery. Contact Monsees & Mayer today to schedule a consultation and discover how our experienced lawyers can make a difference in your case.