There are several factors which influence truck accident award. The answer to how much a semi-truck accident is worth is “it depends,” with more specific insight being that you can file a claim for any losses you are able to prove. Some semi-truck cases are worth several thousand dollars; others may be worth several million.
So today, let’s look at what those factors are and the role they play in a truck accident case.
Understanding Damages in a Truck Accident Case
Damages generally refer to losses you suffered due to someone’s negligence. In most states, damages fall into three categories (though they may have different names in different states): economic, noneconomic, and punitive.
Economic Truck Accident Damages
These are the losses that are most easily calculated. They can be supported by a medical bill or documented time off from work because of your injuries. Some examples of economic damages in truck accidents include:
- Medical bills from the accident and immediate care required
- Additional healthcare expenses due to ongoing medical needs
- Medication expenses
- Lost wages
- Loss of passive income
- Loss of retirement contributions
- Property damage
- Loss of future wages due to injuries
- Transportation costs to and from medical providers
- Costs of household services
Economic truck accident damages can vary greatly, depending on the amount of care you need.
Noneconomic Truck Accident Damages
Noneconomic truck accident damages are the ones that you can’t literally add up. Examples of noneconomic truck accident damages include:
- Pain and suffering
- Emotional trauma
- Mental anguish
- Loss of quality of life
- Loss of companionship
- Disfigurement
Because these figures do not often have a set bill or other documentation to determine their value, they can be more subjective, again making it clear that working with a skilled truck accident lawyer is critical.
Punitive Damages in a Truck Accident
The third type of damages you may be able to recover are punitive damages. Though very rare, these losses are specifically designed to punish wrongdoing. When they can be awarded, and how much you can receive, can vary depending on the state. Your attorney will know whether or not you can seek punitive damages.
The Role of Fault in a Truck Injury Claim
The term “fault” refers to the actions or inactions of a person that lead to the accident. Depending on your state’s laws, fault can significantly affect your right to receive compensation.
To prove fault, an attorney must show that the other party is responsible or negligent for the incident. To prove negligence, there are four core factors at play:
- Duty of care: The truck driver and all other involved parties must owe you a duty of care. Getting behind the wheel means they take the responsibility of operating within the law. A trucking company owes you a duty of care to ensure their drivers are licensed and skilled.
- Breach of duty of care: A breach occurs when someone with a duty of care does or neglects to perform an act that put you in harm’s way. This could include, for example, speeding or falling asleep at the wheel.
- Causation: Such breach of duty of care must be the direct and proximate cause of the accident. For example, the driver’s speed beyond the legal limit prevented them from stopping before striking you.
- Damages: You sustained losses as a result of the injuries you endured from the accident.
A semi-truck accident attorney understands how negligence claims work and can help determine responsible parties based on the facts and evidence in the case.
The Different Types of Negligence Applicable in Semi-Truck Accidents
As the old saying goes, it takes two to tango – and sometimes, the person who is injured is one of the dance partners. Depending on what state you’re in, you may or may not be able to collect compensation if you are found partially at fault. Most states have adopted one of these three legal principles:
Pure Comparative Negligence
Under pure comparative negligence, the damages a plaintiff recovers is reduced by the degree of negligence each party contributed to the accident.
For example, if you are in an accident with a truck but determined to be 20% to blame, under pure comparative negligence, your loss claim is reduced by 20%. The defendant, or at-fault party, pays 80% of your losses.
Under pure comparative negligence, you can claim fault up to your level of loss. That is, even if you hold 99% of the fault, you can file a claim for that 1% loss that the other party is responsible for in your situation. About a third of all states in the country follow this type of comparative negligence rule.
Modified Comparative Negligence
Under modified comparative negligence, you can still collect compensation if you’re partially at fault, but there are are limits:
- 50% rule: Here, you can only collect if you are less than half to blame. If you are found 50% (or more) at fault for an accident, you can be barred from recovering any damages.
- 51% rule: Here, you can be equally at fault and still collect; you just can’t be mostly at-fault.
Most states follow one of these methods. As long as you are under that level of fault, you can file a claim for your losses, and your losses are reduced by that percentage of fault.
Contributory Negligence
Contributor negligence is significantly different. It is the principle that the plaintiff cannot recover any damages in the truck accident if they contributed in any way to the accident. If you are found to be even just 1% at fault, you cannot file a claim against the defendant or at-fault party for any of your losses.
Only four states (Alabama, Maryland, North Carolina, Virginia) and the District of Columbia follow this rule.
How Your Injury Claim Is Calculated
So far, you know how to determine who is at fault and the types of losses you may have. To pull all of this together to determine value, there are a few additional steps necessary (steps your attorney will handle for you in most situations). Note that there are many factors that go into each one of these steps (including significant research and investigation into what happened and the specific losses that occurred). This basic framework can give you an idea of what your case may be worth.