Can a Truck Accident Attorney Recover the Cost of Product Damages?

A commercial truck fully loaded with products can transport more than 80,000 pounds, which gives a standard four-door sedan weighing around 4,000 no chance to withstand the impact delivered by a commercial truck. Data released in 2019 by the National Highway Traffic Safety Administration (NHTSA) demonstrates how much carnage commercial trucks leave behind on our nation’s roads and highways. The NHTSA stated in the 2019 report that more than 5,000 motorists died as the result of a truck accident, with another 160,000 victims sustaining one or more serious injuries.

When you think about a truck accident, your thoughts probably immediately focus on the terrible losses suffered by the victims riding in a passenger car. However, truck drivers also sustain considerable losses as the result of accidents with passenger vehicles that can lead to substantial damage to products. For example, a truck carrying time-sensitive fruits and vegetables that gets sideswiped by a passenger vehicle can suffer tens, if not hundreds of thousands in financial losses. Do truck drivers have the same rights as other motorists when it comes to retaining a truck accident attorney?

The answer is yes. As a truck driver, you have the right to recover the financial losses associated with the cost of product damages by hiring an experienced truck accident attorney. A truck accident attorney conducts a thorough investigation that includes interviewing witnesses and gathering physical evidence. Your truck accident attorney also reviews the official police report to determine the cause of the accident, which can lead to the discovery another party committed one or more acts of negligence.

What Are the Three Types of Compensation Awarded for Truck Accident Cases?

To file a civil lawsuit that seeks monetary damages, your truck accident attorney must prove the presence of the four elements of negligence. Your lawyer must establish that the defendant owed you a duty of care and that the defendant breached the duty of care doctrine. The defendant must have committed one or more negligent acts that caused you to sustain an injury or injuries that resulted in financial losses.

Here are the three types of compensation awarded for truck accident cases.

Economic Damages

Economic damages, which also lawyers refer to as special compensatory damages, cover the tangible costs associated with a truck accident case. Most truck accident cases generate costly medical bills, as well as property damage such as the damage done to a motor vehicle. If you are a trucking company that suffered financial losses as the result of damaged products, you might be able to recover the financial losses by demonstrating another party committed at least one act of negligence. However, filing a civil lawsuit is not the only way to recover the financial losses associated with damaged products.

You also can file an insurance claim that requests compensation to cover the costs associated with replacing damaged products.

Non-Economic Damages

Non-economic damages do not come with a price tag, such as the compensation awarded to replace damaged products. Instead, non-economic damages cover the costs associated with pain and suffering, such as the development of emotional distress issues. Post-Traumatic Stress Disorder (PTSD) represents a common mental health condition that develops after a motor vehicle accident. A truck accident that causes product damage might negatively impact the driver who starts to fear getting behind the wheel of a big rig.

Punitive Damages

Judges do not award punitive damages to help plaintiffs cover the costs associated with economic and non-economic damages. Instead, judges award punitive damages to punish defendants for committing one or more acts of negligence. Judges also award punitive damages to deter defendants from committing the same acts of negligence in the future. If another party committed an intentional act of negligence that damaged your products, the judge hearing your case might award you a value for punitive damages that exceeds the combined value of economic and non-economic damages.

Will a Car Accident Attorney Dispute a Traffic Citation on My Behalf?

A law enforcement officer has pulled you over for speeding and the resulting ticket puts you precariously close to exceeding the number of points allowed per year for moving violations. Should you turn to a car accident attorney to dispute the traffic citation on your behalf?

The answer is no if you did not get involved in a vehicle collision. Car accident attorneys help clients recover the financial losses associated with getting involved in an auto crash. For a speeding ticket, you should contact a lawyer who specializes in helping clients beat traffic citations.

However, if you received a speeding ticket as part of a car accident investigation conducted by law enforcement personnel, hiring a car accident attorney can help you dispute the traffic ticket, which in turn strengthens an insurance claim and a civil lawsuit that seeks monetary damages.

What Does a Traffic Citation Means for a Car Accident Case?

Receiving a traffic ticket after an auto crash does not automatically make you guilty of causing the accident, but it does tip the scale of justice in the other motorist’s favor. The other driver’s attorney might try to hold you legally liable for causing the collision because you violated one or more traffic laws. Without a car accident attorney providing legal support, you have little, if any chance of getting an insurance claim approved or receiving a favorable legal judgment for compensation.

How Should I Contest a Traffic Violation?

The procedure for fighting a traffic citation differs from state to state. You should discover the procedure to follow in your state by reading the instructions printed on the back of the traffic ticket. Your car accident attorney can fight the traffic ticket in court, and if the police officer who issued the traffic citation does not show up in court, the judge hearing your case might dismiss it. Another way to fight a traffic citation received after an auto crash is to prove the traffic violation did not cause or contribute to the collision. If you live in a state that follows the comparative negligence doctrine, your attorney can argue that the other party should assume a percentage of the fault for causing the accident.

For example, let’s assume you received a speeding ticket after a car accident. However, the other driver also committed a traffic violation by sending a text message while operating a motor vehicle. The judge hearing your case might assign each of you 20 percent of the blame for causing the motor vehicle collision. If the judge awards you $50,000 in monetary damages, the net compensation received declines by 20 percent to $40,000.

What If My Traffic Citation Is Not Related to the Car Accident?

Government safety agencies enforce traffic laws with the intent to minimize the number of auto crashes. For instance, establishing speed limits gives motorists more time to react to changing road and traffic conditions. Speed limit laws also minimize the power of vehicle impacts. However, other types of traffic laws have nothing to do with preventing motor vehicle collisions. Maybe you committed an administrative violation by not getting your registration renewed before the deadline.

Any citations not related to a car accident should not be a factor considered by an insurance adjuster or a judge hearing a personal injury case.

The Bottom Line: A Traffic Citation Does Not End Your Quest for Compensation

Receiving a traffic citation after a car accident does not result in a determination of fault. If you got involved in a motor vehicle collision and then received a traffic ticket after the crash, you should act with a sense of urgency by contacting a state-licensed car accident attorney. Make sure you never admit guilt to any party, including the responding police officer and the insurance adjuster processing your claim.