Compensation in Truck Accident Cases
Often, commercial truck accidents result in devastating injuries or even death. Sometimes there are multiple victims, and all of them may try to establish the truck driver’s liability and turn to the truck driver’s insurance policy for compensatory damages. Compensation in truck accident cases in Arizona can vary significantly, depending on the extent of the injuries, as well as your attorney’s presentation of the evidence. If you are concerned about recovering compensation, you should consult Phoenix truck accident lawyer Freddy Saavedra at the Saavedra Law Firm.Compensation in Truck Accident Cases
In most cases, if liability is established, a truck accident victim will be entitled to recover compensatory damages. These are damages meant to make you whole and put you back in the position in which you would have been had another party not acted negligently. Compensatory damages may be both economic and non-economic. Economic damages are tangible damages; often, they are documented damages, such as medical bills, lost wages, and replacement services. Non-economic damages are intangible losses, such as pain and suffering, mental anguish, loss of consortium, and loss of enjoyment of life.
The extent of the compensation will depend on the severity of the injuries. Generally, the more serious the injuries, the greater the damages will be. Since economic damages are usually documented, they are relatively predictable. However, your choice of attorney can make a huge difference to the non-economic damages. An insurance adjustor or juror’s ability to see how you were emotionally affected by the injuries sustained in a truck accident is partly dependent upon how your case is presented and how testimony is elicited.
Your personal characteristics can affect the amount of your damages. For example, if you suffer paralysis, and you were active in recreational sports and worked in construction, you might receive a substantial award if you can no longer do either of these things. Similarly, if you suffered serious scarring in the accident, the amount of your non-economic damages might be significant if your scarring is visible, and you work in a customer-facing position. This is because people would assume that you would be affected both emotionally and professionally.Punitive Damages
Most of the time, compensation in truck accident cases involves only compensatory damages. However, there are situations in which a truck driver or another party acted so egregiously that it may be possible to obtain punitive damages. These are damages meant to punish and deter a party that was at fault for an accident.Establishing Liability
In order to obtain compensation, you will need to establish liability. You may sue a truck driver under a theory of negligence, which means that you will need to show that it is more likely than not that the driver owed you a duty of care, the driver breached the duty of care, this caused your accident, and you sustained damages. However, you may also need to hold accountable other parties for their negligence. The trucking company that employed the truck driver may be vicariously liable, assuming that the truck driver’s negligence was in the course and scope of their employment. The trucking company may also be held accountable for its own negligence, such as its negligent hiring, training, or supervision of the driver.
Sometimes there are multiple parties making claims for compensation against the truck driver’s insurance policy, reducing the chance that you will obtain the full scope of compensation to which you are entitled for your injuries. As a result, your attorney should look at all potential contributing factors to an accident. These may include a defective part in the truck, a negligent mechanic, a negligent third-party loading company, or a dangerous property condition.Consult a Seasoned Truck Accident Attorney in the Phoenix Area
If you or a loved one has been injured in a truck crash, you should discuss the damages that you may be able to obtain with a knowledgeable personal injury lawyer. Saavedra Law Firm represents accident victims in Phoenix and throughout Maricopa County. Call us at (602) 753-8917 or contact us via our online form.