Texans involved in a collision with a big rig can seek financial compensation against the truck driver as well as the trucking company. The circumstances of every accident are unique, so every factor of the incident must be thoroughly examined.
Determine the value of a case involving an 18-wheeler depends on many thing, including how well your attorney investigates the wreck, communicates with medical personnel, and develops your case by laying out evidence to the judge and jury.
The difference in size means that truck crashes can obviously be more serious than car accidents. The more severe the injuries, the more likely a victim will require extensive medical treatment and long-term care.
There is often more than one liable party in a truck accident case. When the driver of a passenger vehicle is the one at fault, that driver’s insurance policy limits how much can be recovered.
But when a truck driver causes an accident, not only is the trucking company responsible, but the manufacturer of the truck and its parts might also be held liable. These corporations’ liability policies are much larger than the standard automobile insurance policies in Texas.
There are two main types of damages you might receive from your truck accident: Economic & Non-Economic.
1. Economic Damages
Economic damages are also known as “special damages.” These amounts are calculated from the expenses the victim had to pay out and what expenses they will have to likely pay in the future.
Determining correct compensation can be difficult. Whether a person has health insurance or Medicare or if they are self-employed can affect how much you can recover.
Primary types of economic damages include:
- Past Medical Costs. All medical bills that resulted from the crash can be recovered. Any expense related to emergency room treatment, doctor’s appointments, surgery, physical therapy, medication, and even the cost of transportation to and from medical appointments can be compensated.
- Lost Wages/Reduced Earning Capacity. It is likely that someone who is the victim of a truck accident will be unable to work for some time. When the injured party is able to return to work, it is possible that they may not be able to perform the same duties because of their injuries. They can be compensated for both the decrease in earning capacity and lost wages.
- Future Medical Costs. There may also be a need for future or ongoing medical care, which could include months of physical therapy or an extended stay at a healthcare facility. An experienced attorney should be able to work with your doctors and estimate the cost of future medical expenses.
- Property Damages. If your car has collided with an 80,000 lb 18-wheeler, there’s a good chance your vehicle has suffered some major damage. You can get an estimate at a local body shop to be compensated for the cost of the repairs. If the car is a total loss (it costs more to repair than what it’s worth) you may be able to recover the estimated value of the vehicle.
2. Non-Economic Damages
Non-economic damages are commonly referred to as “general damages.” This type of compensation is more difficult to calculate because it is based on the pain and suffering a victim undergoes due to the accident.
A wreck with a massive 18-wheeler can cause emotional and psychological trauma. Examples can include disfigurement, loss of companionship, mental anguish, and physical impairment.
Since these damages are subjective in nature, it is important you have an attorney to work with experts when calculating the value of your emotional damages. They must be able to clearly communicate what these damages are with the insurance companies.
Every state has its own statutes of limitations for determining how long people have to file specific types of lawsuits. In Texas, if you want to file a personal injury lawsuit, you have a maximum of 2 years to file from the date of your truck accident.
However, there are situations where the time limit might be less than 2 years, so it is important to consult with an attorney so you can understand your unique situation.
Be sure to save all receipts and documents pertaining to the accident. These will include all your medical records, medical bills, and any proof that you lost wages due to the collision.
Have You or Someone You Love Been Injured In A Texas Truck Accident?
If you've been hurt in a Texas truck accident you need to speak with an experienced truck accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.