What Damages Are Available in a Truck Accident Case?

After a truck accident in Texas, injury victims have the right to pursue a case for damages. Damages refer to the monetary compensation potentially available to recover and include the following. The three main types of damages that can be recovered in a truck accident case are economic, non-economic – and occasionally – punitive damages. Keep reading to learn about each type of compensation from an experienced Waco trucking accident attorney.

Economic Damages

Economic damages refer to the measurable and quantifiable financial losses incurred due to the actions or negligence of another party. These damages are tangible and have a clear monetary value. Economic damages can include:

Medical Expenses

Victims can pursue compensation for all reasonable and necessary medical costs resulting from the truck accident. This includes emergency room visits, surgeries, medication, rehabilitation, and anticipated future medical expenses.

Lost Wages

If the accident leads to missed workdays or affects the victim’s ability to earn a living, they can seek compensation for lost wages and any reduction in future earning capacity.

Property Damage

Compensation for the repair or replacement of the damaged vehicle and other personal property affected by the accident.

Other Financial Losses

Victims may be eligible for compensation related to out-of-pocket expenses incurred due to the accident, such as transportation costs, home modifications, or assistive devices.

Non-Economic Damages

Non-economic damages refer to the intangible losses and suffering that a person experiences as a result of an accident or injury. Unlike economic damages that can be easily quantified in monetary terms, non-economic damages are more subjective and relate to the emotional and psychological impact of the incident. In the context of a truck accident case, non-economic damages may include:

Pain and Suffering

Non-economic damages address the impact of the accident on the victim’s well-being, including physical pain, emotional distress, and the overall diminished quality of life.

Mental Anguish

Compensation for emotional suffering, anxiety, and mental anguish caused by the trauma of the truck accident.

Loss of Consortium

In cases involving severe injuries, spouses may seek compensation for the loss of companionship, support, and intimacy.

Disfigurement

If the accident results in permanent scarring or disfigurement, victims may be eligible for compensation for the emotional and psychological effects.

Loss of Enjoyment of Life

Damages for the loss of the ability to participate in activities or hobbies that once brought joy and fulfillment.

Punitive Damages

Punitive damages are a specific category of compensation that goes beyond the purpose of compensating the victim for their losses. Unlike economic and non-economic damages, which aim to restore the injured party to their pre-accident state, punitive damages serve as a form of punishment and deterrent for the at-fault party. These damages are not awarded in every truck accident case and are reserved for situations where the defendant’s actions are deemed particularly egregious, reckless, or malicious.

What To Do After a Truck Accident in Texas

After a truck accident in Texas, taking prompt and appropriate actions is crucial. Here’s a short description of what to do:

• Ensure Safety: Move to a safe location, if possible, to avoid further harm. Turn on your hazard lights and use warning triangles to alert other drivers.
• Call Emergency Services: Dial 911 to report the accident and request medical assistance and law enforcement.
• Seek Medical Attention: Even if injuries seem minor, seek medical attention promptly. Some injuries may have delayed symptoms.
• Exchange Information: Exchange contact, insurance, and vehicle information with the truck driver and any other involved parties.
• Document the Scene: Take photos of the accident scene, vehicle damage, license plates, and any relevant road signs.
• Gather Witness Information: Obtain contact information from any witnesses at the scene.
• Do Not Admit Fault: Refrain from admitting fault or making statements that could be construed as an admission of guilt.
• Report to Law Enforcement: Cooperate with law enforcement, provide factual information, and obtain a copy of the accident report.
• Notify Your Insurance Company: Report the accident to your insurance company as soon as possible.
• Preserve Evidence: Preserve any evidence, such as vehicle damage, by not repairing or altering it until advised by your attorney.

Seek legal advice from an experienced trucking accident attorney to understand your rights and options. Every accident is unique, and consulting with a trusted lawyer can give you peace of mind since you will have personalized guidance based on the specifics of your case.