What Damages Can I Recover in a Truck Accident Lawsuit
As with any motor vehicle accident, the victims of a commercial trucking accident are legally entitled to seek damages–monetary compensation–for a wide variety of injuries arising from a collision. The most common forms of truck accident damages include:
- Past, current, and future medical bills
- Lost wages
- Loss of future earning capacity
- Costs of repairing a damaged or totaled vehicle
- Pain and suffering
- Emotional distress
- Loss of enjoyment in life
In some cases, a truck driver or trucking company can also be ordered to pay punitive damages as well, if a jury finds that there has been extreme or reckless misconduct on the part of the defendants.
Determining Fault in a Trucking Accident
Before a court will award damages, however, the victim must first prove that a trucking defendant was legally at-fault for causing the accident. As in all Walnut Creek personal injury cases, negligence requires proof of three things:
- The defendant owed the victim a duty of care, such as to operate their truck in a reasonably safe manner and in accordance with applicable state and federal laws
- The defendant somehow breached that duty of care
- That breach was a substantial factor in causing the plaintiff’s damages
Aside from simply failing to follow the “rules of the road,” many truck accidents are the result of truckers who are distracted, overtired, or under the influence of drugs or alcohol. Truckers are often under enormous pressure to complete deliveries on time. As a result, truckers–and the people who are supposed to be supervising them–often fail to follow certain safety regulations, such as limits on how long a trucker can stay on the road without rest. If a trucker causes an accident because they “fell asleep at the wheel,” that is often crucial evidence in proving a personal injury claim.
Our Qualified Walnut Creek Truck Accident Attorneys Are Here to Help You
Truck accidents are often far more complicated to sort out than the average fender bender. Trucking companies, and their insurers, are quite adept at trying to minimize their own liability for an accident. That is why the victims need to come prepared–and why they need to work with an experienced Walnut Creek truck accident lawyer.
So if you need legal advice or representation following a truck accident, contact Venardi Zurada, LLP, today at 833-893-6763 to schedule a free consultation. If we accept your case, you pay nothing unless we obtain a recovery for you.
