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Maximize Compensation After You’re Hit by a Commercial Truck

January 5, 2024
Hit by a Commercial Truck

You can collect several types of compensation after being hit by a commercial truck. Before you pursue damages, know your options and their limits.

Insurance Settlement Offers

The trucking company’s insurance company may offer you a settlement after your accident. This will likely be before you know the true value of your case. It’s common for insurance companies to start with lowball offers. 

With a truck accident attorney on your side, you can negotiate a better settlement. However, if the company continues to be uncooperative, you can file a personal injury lawsuit instead.

Economic Damages

When you file a personal injury lawsuit, you can collect economic damages. These compensate you for your calculable financial losses, including:

  • Medical expenses
  • Property damage
  • Lost wages
  • Household services
  • Loss of earning capacity

Non-Economic Damages

Non-economic damages account for intangible losses. This includes:

  • Pain and suffering
  • Grief
  • Trauma
  • Mental distress
  • Disfigurement
  • Loss of enjoyment of life

It’s important to take non-economic damages into account when calculating your damages. A truck accident lawyer can help you determine the value of these losses.

Caps on Damages

Caps on economic or non-economic damages are generally not in play. In many instances, however, there is a cap for punitive damages. Punitive damages are only applicable in instances of intentional tort or gross negligence.

In Texas, for example, the cap on punitive damages is $200,000 or two times the amount of your economic damages plus your non-economic damages.

How to Collect Maximum Damages After a Truck Accident

There are steps you can take to increase your chances of collecting maximum damages after a truck accident.

Collect Strong Evidence

To collect strong evidence, always call the police so they can fill out an accident report. After your accident, capture pictures and videos of the scene if you can. You can also speak to witnesses and collect contact information. If you’re unable to do this yourself, have someone do it for you.

Document Injuries and Medical Expenses

After a truck accident, you may have serious injuries. Truck accident injuries range from broken bones to traumatic brain injuries. Seek medical treatment immediately, and ensure you properly document your injuries and treatment. Keeping track of the severity of your injuries, medical bills, and doctors helps you build your case.

Establish Liability

Finally, you must make a strong case to establish liability. Several parties may be liable in a commercial truck accident, including:

  • The truck driver
  • The trucking company
  • The manufacturing company
  • The loading company

To establish liability, you must prove the party was negligent. Negligence involves four components:

  • The guilty party owed you a duty of care
  • They breached that duty
  • The breach of duty directly caused the accident
  • The accident led to your injuries and property damage

Build a Strong Case With Fadduol, Cluff, Hardy & Conaway, P.C.

Not every law firm has the experience required to pursue maximum compensation after a truck accident. Fadduol, Cluff, Hardy & Conaway, P.C. has decades of experience representing clients in commercial truck accident cases. 

We offer legal services to clients in Texas, New Mexico, and North Dakota. If you’re a truck accident victim in one of these states, call (800) 433-2408 today for a free consultation with a truck accident lawyer.