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.
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