What Compensation Can You Claim After a Truck Accident?

Every day, hundreds of thousands of big trucks drive down America’s roads. Just across the New Jersey border, runs the most dangerous highway in the U.S., I-95. The busy streets of New York City and its boroughs are also well-acquainted with the impact of semi-truck accidents. For those injured, a lawyer can help.

It is important to know that even if you were partially at-fault, you can still recover under New York’s pure comparative negligence rule. This means that you can still recover compensation from a negligent driver irrespective of the degree to which you were at fault. Whatever compensation you are owed will be reduced by your percentage of fault.

Recovering fair financial compensation for your truck accident claim is critical for those hurt. Victims can recover economic and non-economic damages for their injuries. For those who were hurt because of particularly egregious conduct, they may be entitled to punitive damages. Additionally, if your loved one was killed you can pursue compensation through a wrongful death or survival action.

Economic Damages You Can Collect for a Truck Accident

Large truck crashes can cause severe injuries. Accidents involving a commercial vehicle can cause a financial crisis for victims. Mounting medical bills and the inability to work is an overwhelming experience. Compensation for economic damages can help you recuperate these losses.

You can receive truck accident compensation for: 

• Medical expenses: You can recover for medical bills, including the cost of treatment, rehabilitation, assistive devices, medications, and other expenses.
• Lost wages: If you are unable to work because of your injuries, you can recover your lost wages.
• Property damage: If a truck damages your vehicle and other personal property, you can recover the costs of repairing or replacing your property.
• Future economic losses: If you are permanently disabled, whether fully or partially, you can recover for your future medical expenses and lost earning capacity.

You will want to keep records of all expenses incurred as a result of your 18-wheeler crash. It is also wise to seek legal representation. Your  New York City truck accident lawyer can help you gather evidence of your losses, presenting them with your insurance claim to maximize compensation.

Non-Economic Damages You Can Collect After a Truck Accident

In addition to actual financial losses, you can be compensated for the non-financial losses caused by your truck accident injury. 

Some types of non-economic damages include: 

• Pain and suffering: Many tractor-trailer accident injuries can cause enduring pain. While difficult to quantify, you can recover for your suffering.
• Mental anguish: Trauma is a common result of these crashes. PTSD, depression, anxiety, and other mental health conditions can result and can be compensated.
• Loss of consortium: Unfortunately, some injuries affect personal relationships. If your relationship with your spouse was affected, you can receive damages.
• Disfigurement: The unfortunate result of some serious injuries is disfigurement. This can have a vast amount of emotional and social implications, that you can be compensated for.

Medical documentation is often vital to substantiate your claims of non-economic damages. Seeking medical treatment is one of the crucial steps to take immediately after a truck accident.

Punitive Damages in Truck Accident Cases

Unlike compensatory damages, punitive damages are awarded to punish the defendant for their bad behavior. Most personal injury actions are based on the theory of negligence. If an at-fault party acted with wanton disregard, willful negligence, or malice, the court may award punitive damages. 

For example, some common causes of truck accidents include maintenance issues. The Federal Motor Carrier Safety Administration (FMCSA) has strict rules regarding the maintenance of large trucks. If the trucking company or truck driver was aware of these issues and disregarded the problem, they may be on the hook for punitive damages.

Wrongful Death Damages: What You Can Claim When a Loved One Dies in a Truck Accident

Bad truck crashes can, unfortunately, result in fatalities. Loved ones of those lost in fatal truck accidents can recover compensation through a wrongful death or survivor action. Different types of compensation are available under these two claims.

• Wrongful Death: Wrongful death damages compensate loved ones for the losses incurred due to the death. Only economic damages are allowed, including funeral and burial expenses, loss of financial support, and medical bills.
• Survival Action: Unlike a wrongful death claim, a survival action is based on the losses the deceased would have suffered had they survived the accident. This includes both economic and non-economic damages like medical expenses, pain and suffering, and lost wages.

A truck accident lawsuit against the at-fault party may be necessary in the event your damages exceed insurance policy limits, your case is nearing the statute of limitations, or you do not receive a fair settlement offer.

Contact a Truck Accident Lawyer Today for a Free Consultation 

Navigating the aftermath of a truck accident is a precarious situation. You may be struggling to recuperate or grieving a loss. Dealing with the insurance companies and other legal concerns can just add to the stress. Working with a seasoned truck crash lawyer can be a wise choice during these difficult times. 

We understand that you are suffering. A compassionate personal injury lawyer at Gregory Spektor & Associates, P.C. can assist you with your truck accident case. Our trusted truck accident attorney has the skills and experience you need to ensure you receive fair compensation. Contact us today for a free consultation and let’s get started on the path to recovery.