Truck Accident
Truck accidents are some of the most catastrophic events on the road. They often leave victims with serious injuries, emotional trauma, and financial burdens. If you’ve survived such a crash, you may be eligible to pursue compensation for your losses. An experienced truck accident lawyer can help you hold the responsible party accountable and navigate the legal process with confidence.
What To Expect After a Truck Accident
Truck accidents account for a significant percentage of auto crashes. Their nature and effects are slightly different from that of other car accidents. The massive size of the trucks causes such a great impact that results in multiple types of damage. For this reason, the consequences of a truck accident are more severe than that of a typical car accident. Plus, truck drivers owe a duty of care to other road users.
Some personal injuries to look out for in various types of truck accidents include:
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Spinal cord injuries
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Traumatic brain injuries
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Brain damage
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Nervous system damage
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Whiplash
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Concussion
All these injuries can reduce your life expectancy. Furthermore, a fatal truck accident can result in the deaths of one or more of the involved parties. In such cases, the deceased's representatives can file a wrongful death lawsuit against the fault party.
Apart from severe injury and death, you should also expect property damage. The crash can destroy any personal property you have in your car. In light of all the damage a truck accident can cause, it would be best to seek immediate medical attention following a crash. Do not put off a visit to the doctor for any reason.
After receiving treatment, you should also be best to seek legal representation. This way, you can solidify your chances of receiving financial damages from the liable party.
How Often Do Truck Drivers Get Into Accidents?
The trucking industry in the US is steadily increasing. This increase can be traced to the suitability of truck haulage for finished goods around the US. The implication is that there are many more trucks on our roads. With more trucks comes an increased chance of truck accidents.
Most fatal accidents involve a truck. Large trucks are more prone to be involved in fatal multi-vehicle accidents than passenger cars. Furthermore, the Insurance Institute for Highway Safety found that 16% of deaths in crashes between trucks and other vehicles were the truck's occupants, while 67% were occupants of other cars. Eleven percent of all car crash deaths involved large truck crashes.
Fifty-two percent of large truck deaths occurred on major roads other than interstates and freeways. Finally, 48% of all large truck deaths occurred from 6 am to 3 pm, mostly on Sundays and Saturdays.
Some common causes of truck crashes include:
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Driver fatigue from driving lengthy hours
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Distracted driving
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Driving under the influence of drugs or alcohol
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Poor maintenance of trucks by trucking companies
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Wrong lane changes
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Unbalanced loads
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Over-speeding
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Faulty training and hiring processes
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Other careless drivers
What Is a Good Settlement Offer for Truck Accidents?
Everyone who survives motor vehicle crashes deserves fair compensation for their losses. Where a truck driver has breached their duty of care to you, they will be responsible for any damage you suffer. An excellent accident lawyer can help you get an insurance settlement or win a claim for compensation in court.
What amounts to a good settlement offer is an objective question. It should cover all the expenses you incur because of the accident. Firstly, a fair settlement must cover your medical treatment costs. This will include costs of medical equipment and hospital bills. Secondly, the payment must also capture the cost of the legal process.
Furthermore, if you suffered any non-economic damages, a good settlement offer will consider them. If the other party is clearly at fault, your legal team should never reduce your settlement demand for fear of losing the case. In a wrongful death claim, a good settlement should also cover the funeral and burial expenses.
It's noteworthy that if you file a lawsuit, a sympathetic jury may grant you more damages than you can get in a settlement. A judge can award punitive damages against the truck driver where their conduct was so repugnant to demand punishment. Speaking to an excellent attorney is the safest way to guarantee that you receive maximum compensation.
How Is Pain And Suffering Calculated in an Accident?
Truck accidents often result in economic and non-economic losses. Economic losses will include medical costs and lost wages. These are easy to calculate because they're actual financial losses that can be gleaned from payment receipts.
However, non-economic damages are less tangible and difficult to attach a definite value. One major intangible loss is pain and suffering. This refers to the physical pain and the mental and emotional suffering you experience after a motor vehicle accident.
An insurance adjuster and your lawyer will consider multiple factors while calculating the value of your pain and suffering. They include:
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The severity of your injuries
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The injury's impact and limitations on your daily life
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Your current age
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Your recovery period
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Any past, current, and future suffering from the accident
While no formula can perfectly capture the emotional and physical toll of a truck accident, insurance companies and courts commonly use two methods to estimate non-economic damages, such as pain and suffering:
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The Multiplier Method: This approach multiplies your economic damages (such as medical bills and lost wages) by a number typically ranging from 1 to 5, depending on the severity of your injuries, length of recovery, and impact on your quality of life. For example: If your medical bills and lost wages total $10,000, and the multiplier used is 3, your pain and suffering damages would be calculated at $30,000.
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The Per Diem Method: This method assigns a daily dollar amount to your pain and suffering—often based on your daily income or another reasonable figure—and multiplies it by the number of days you are expected to experience pain due to the accident. For example: If the per diem rate is $200 and you experience pain for 90 days, your non-economic damages could be valued at $18,000.
State Caps on Non-Economic Damages
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Florida: When suing a state or local government, non-economic damages (including pain and suffering) are capped at $200,000 per person and $300,000 per incident, regardless of how many claims are filed.
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Texas: In most personal injury cases, there are no caps on pain and suffering. However, in claims against government entities, Texas limits total damages (including both economic and non-economic) to $250,000 per person and $500,000 per incident.
Important: These methods are only guides. Insurance companies may try to undervalue your claim, and government liability is subject to strict rules and notice requirements. That's why it's essential to consult a skilled truck accident attorney in Texas or Florida to ensure your pain and suffering damages are calculated fairly—and fought for aggressively.
Is It Worth Getting a Fort Lauderdale Truck Accident Lawyer for a Minor Accident?
Yes, it is vital to hire a lawyer after a minor truck accident. Truck accident victims often wonder whether they should hire lawyers for an accident they think isn't severe. Many reasons inform this hesitation.
Minor car accidents are often non-fatal crashes that cause minimal vehicular damage and bodily injuries. Usually, survivors don't mind footing their medical bills and the cost of vehicle repairs. Therefore, they're willing to forego legal action.
It's always best to hire a personal injury lawyer, especially because of your injuries. After a minor car accident, you may feel only slight pain. However, that slight pain may be a symptom of a more serious issue. The significant wound may not appear immediately. It may take a while for the signs to start showing. Experienced attorneys can actually guide you on the steps to take after a minor accident. Their advice can forestall any future damages or health crises.
Furthermore, where the fault is unclear, it would help to hire an attorney irrespective of the type of accident. Even if you consider the accident to be minor and refuse to sue, the other party may blame you and start the claims process. An experienced truck accident attorney can prove the fault party's negligent actions and absolve you of fault.
Can Someone Sue You After a Settlement?
personal injury settlement agreement often ends truck accident claims. Ordinarily, a party that has accepted a settlement offer cannot turn around and sue the other party. This is so even if you suffer extra damages, which you didn't cover in the settlement. That's why truck accident attorneys advise that it's best not to settle your case early until you know the full extent of your losses.
Fort Lauderdale insurance providers often demand that trucking accident victims sign a release of liability. This is a valid document guaranteeing that you won't go to court after accepting the deal. However, there are two major instances where someone can sue you after a settlement. They are when:
1. The Settlement Was Marred by Fraud or Coercion
A settlement agreement is a contract. Therefore, like all contracts, one must consent willingly. Furthermore, one can only give valid consent when you're fully aware of all the case's relevant facts. Therefore, if they can prove that they were forced or deceived into signing the settlement, they may have a chance in court.
2. There Are Multiple Fault Parties
Multiple parties sometimes cause truck crashes. If you negotiated a settlement with only one negligent party, you might be able to sue the other parties. However, you will need to prove the other party's connection and the extent of their liability.
VG Law Can Help You Win Your Case
If you've been in a truck accident, you deserve financial compensation from the liable party. To recover this money, you'll have to file an accident injury claim. You can initiate a lawsuit or make an insurance claim. However, an effective representation will be impossible if you don't hire a personal injury attorney. So, it would be best to engage the best personal injury lawyers in Fort Lauderdale. Our team of lawyers at VG Law has a strong track record of success and vast experience. If you hire us, we can help you receive the maximum compensation for your case.