What kind of monetary damages can I recover? Is there anything unique about the issue of damages in a trucking accident compared to other kinds of injuries or accidents?
The law permits you to seek recovery after an accident to "make you whole again." The central concept is that you should be compensated in a manner that, as best as the law can arrange, places you back in the same position as you were before the accident.
A person who has been negligently injured in a truck accident can sue for all of the injuries and their consequences that arise from the accident. Economic Damages include costs associated with the injury now and in the future (medical care, rehabilitation, nursing home care, domestic services); loss of earnings and loss of earning capacity.
An injured person is additionally entitled to Non-Economic Damages for physical pain and suffering, mental and emotional suffering, inconvenience, disfigurement, loss of enjoyment of life and loss of consortium (diminishment of relations with your spouse). In many states there are limits on the amount of non-economic damages available to negligently injured individuals.
In addition to damages that are awarded to the injured patient, the injury victim’s family may recover compensation for loss of care, companionship, love and affection by way of a Loss of Consortium claim.
In addition to normal compensatory damages designed to make someone whole, in extreme cases, Punitive Damages are available if someone acted in bad faith, or with the intent to cause harm, while some laws allow for special doubling or tripling of damages under certain circumstances (i.e., drunk driving). While theoretically there is no limit to punitive damages, excessive amounts are often later reduced. It should also be kept in mind that many insurance companies exclude coverage for punitive damages. If this is the case, and the driver has punitive damages exclusion in his insurance policy, it is likely that the defendant will apply pressure on its carrier to pay more in settlement so that the defendant is not exposed to punitive risk.
Perhaps the most unique aspect of trucking accident injury damages is that the injuries in a trucking accident case tend to be extensive. A loaded semi weighs somewhere around 80,000 pounds or more. Most cars weigh approximately 3,000 pounds. Consequently, injuries to the occupants of the car tend to be serious. Because of the greater likelihood of significant injury, truckers are required to carry insurance with higher liability limits. Therefore, compared to an automobile accident, there tends to be more money available to pay out for damages. |
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