Large truck accidents can have catastrophic consequences, often resulting in severe injuries, significant property damage, and even loss of life. Due to the sheer size and weight of commercial trucks, collisions involving these vehicles frequently cause more extensive harm than standard car accidents. If you or a loved one has been involved in a large truck accident, understanding the damages you may be entitled to recover is crucial in seeking fair compensation.
In the guide below, the truck accident attorneys at Kherkher Garcia provide helpful information on how to protect your rights and pursue compensation for the damages suffered in a large truck accident.
Common Injuries in Large Truck Accidents and How They Impact Victims
Truck accidents often result in severe injuries due to the sheer size and weight of commercial trucks. Some of the most common injuries include:
- Traumatic Brain Injuries (TBI): Head injuries are common in truck accidents, leading to concussions or severe traumatic brain injuries (TBIs). These can result in cognitive impairment, memory loss, mood changes, and permanent disability.
- Spinal Cord Injuries and Paralysis: The force of a truck collision can damage the spinal cord, potentially causing partial or complete paralysis. Victims may suffer from lifelong mobility challenges, requiring extensive medical care and assistive devices.
- Broken Bones and Fractures: Truck accidents often lead to multiple fractures due to the immense impact. Severe breaks may require surgery, rehabilitation, and long-term medical treatment.
- Internal Injuries: Blunt force trauma can cause damage to internal organs, such as the liver, kidneys, lungs, and spleen. Internal bleeding and organ failure can be life-threatening and require emergency medical intervention.
- Whiplash and Neck Injuries: Even at lower speeds, truck crashes can cause whiplash and neck injuries, leading to chronic pain, restricted movement, and long-term discomfort.
- Burns: If a truck accident results in a fire or explosion, victims can suffer severe burns that may require skin grafts, surgeries, and extensive rehabilitation. Burns can also cause permanent scarring and disfigurement.
- Lacerations and Amputations: Shattered glass, metal debris, and impact forces can cause deep lacerations. In severe cases, victims may suffer amputations, drastically altering their quality of life and ability to work.
- Psychological Trauma: Beyond physical injuries, victims often experience emotional distress, PTSD, anxiety, and depression. The mental impact of a truck accident can affect daily life, relationships, and overall well-being.
Impact on Victims
- Medical Costs: Ongoing treatment, surgeries, and rehabilitation can lead to substantial financial burdens.
- Loss of Income: Many victims are unable to work temporarily or permanently due to their injuries.
- Emotional Suffering: The trauma of an accident can lead to long-term mental health struggles.
- Reduced Quality of Life: Many victims experience lasting pain, disabilities, or the inability to participate in activities they once enjoyed.
If you have been injured in a truck accident, consulting with an experienced attorney can be crucial in securing the financial support needed for recovery.
Types of Recoverable Damages in a Large Truck Accident
Victims of large truck accidents may be eligible to recover various types of damages, depending on the circumstances of the crash and the extent of their losses. These damages generally fall into three categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages refer to tangible financial losses incurred as a result of the accident. These damages are meant to compensate the victim for measurable expenses and financial burdens, including:
Medical Expenses
Truck accidents frequently result in serious injuries that require extensive medical treatment. Recoverable medical expenses may include:
- Emergency room visits
- Hospitalization
- Surgery costs
- Prescription medications
- Rehabilitation and physical therapy
- Medical devices (e.g., wheelchairs, prosthetics)
- Future medical care and treatment
Lost Wages and Loss of Earning Capacity
Severe injuries may prevent victims from returning to work temporarily or permanently. Compensation for lost wages covers income lost due to time off work for recovery, while loss of earning capacity applies when injuries prevent the victim from earning at the same level as before the accident.
Property Damage
Large truck collisions often cause extensive damage to passenger vehicles and personal belongings. Victims can seek reimbursement for the cost of repairing or replacing their vehicle, as well as any other damaged personal property.
Other Out-of-Pocket Expenses
Victims may also recover additional costs related to the accident, such as:
- Transportation to medical appointments
- Home modifications for disability accommodations
- Childcare expenses if the victim is unable to care for dependents
Non-Economic Damages
Non-economic damages compensate victims for intangible losses that do not have a direct monetary value but significantly impact their lives.
Pain and Suffering
Truck accident victims often endure substantial physical pain and discomfort due to their injuries. Compensation for pain and suffering acknowledges the severity and duration of the pain experienced.
Emotional Distress and Mental Anguish
The psychological impact of a large truck accident can be profound. Victims may suffer from conditions such as post-traumatic stress disorder (PTSD), anxiety, depression, or insomnia, all of which may be compensable.
Loss of Enjoyment of Life
If injuries prevent a victim from engaging in hobbies, activities, or daily routines they previously enjoyed, they may be eligible for damages related to loss of enjoyment of life.
Disfigurement and Permanent Disability
Severe injuries can lead to permanent scarring, disfigurement, or disabilities that alter a victim’s appearance and ability to function. Compensation may be awarded to account for these lifelong changes.
Loss of Consortium
When a truck accident affects a victim’s relationship with their spouse or family, damages may be awarded for loss of companionship, affection, and support.
Punitive Damages
Punitive damages are awarded in cases where the truck driver, trucking company, or another party acted with extreme negligence, recklessness, or intentional misconduct. Unlike economic and non-economic damages, which are meant to compensate victims, punitive damages serve to punish the responsible party and deter similar behavior in the future.
Circumstances that may warrant punitive damages include:
- Driving under the influence of drugs or alcohol
- Excessive speeding or reckless driving
- Knowingly violating federal trucking regulations
- Falsifying driver logs to exceed legal driving hours
- Failure to maintain the truck properly, leading to mechanical failure
Who Can Be Held Liable for a Large Truck Accident?
Determining liability in a truck accident case can be complex, as multiple parties may share responsibility. Potentially liable parties include:
- Truck Driver: If the accident resulted from driver negligence—such as fatigue, distraction, speeding, or impaired driving—the truck driver could be held liable.
- Trucking Company: Trucking companies may be held liable if they failed to enforce proper safety measures, neglected maintenance, or encouraged drivers to violate hours-of-service regulations.
- Truck Manufacturer: If a defective truck part (e.g., faulty brakes, tire blowouts) contributed to the accident, the truck manufacturer or parts supplier may be liable.
- Cargo Loaders: Improperly loaded or overloaded cargo can cause instability, increasing the risk of rollovers or lost loads. In such cases, the party responsible for loading the truck may be held accountable.
- Maintenance and Repair Companies: If negligent maintenance or repairs led to mechanical failure, the company responsible for servicing the truck may share liability.
How an Experienced Truck Accident Attorney Can Help
Navigating a truck accident claim can be overwhelming, especially when dealing with injuries, medical bills, and insurance companies. An experienced truck accident attorney can:
- Investigate the accident and gather evidence
- Identify all liable parties
- Handle communications with insurance companies
- Negotiate a fair settlement
- Represent the victim in court if litigation is necessary
If you or a loved one has been involved in such an accident, understanding your rights and the damages you may recover is critical in securing the compensation you deserve. Consulting with a skilled truck accident attorney can help ensure that all aspects of your claim are thoroughly examined and that you receive the full and fair compensation you are entitled to.
Injured in a Truck Accident? Kherkher Garcia Can Help!
A large truck accident can leave you facing severe injuries, mounting medical bills, and an uncertain future. You shouldn’t have to fight for compensation or justice alone. At Kherkher Garcia, our experienced truck accident attorneys will fight for your rights, holding negligent trucking companies accountable and securing the maximum compensation you deserve.
Our team has a proven track record of success in complex truck accident cases. Let us handle the legal battle while you focus on healing. Contact Kherkher Garcia today for a free consultation. We charge no fees unless we win. Call us now to get started at 713-333-1030. You can also reach out to us via our website form.
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