What Can I Sue for in a Truck Accident?
Truck accidents can turn lives upside down in the blink of an eye. Whether you were driving another vehicle, riding as a passenger, or even a pedestrian, being involved in a truck accident can leave you with serious physical injuries, emotional trauma, and mounting financial challenges.
It’s overwhelming—but you may recover compensation that can help you recover and rebuild your life.
If you’re asking, “What can I sue for in a truck accident?” you’ve already taken an important step toward understanding your rights. This guide breaks it all down for you, covering the causes of truck accidents, the damages you may recover, the legal role of negligence, and why hiring an experienced truck accident attorney is essential.
To get a free consultation with an attorney – call Maggiano, DiGirolamo & Lizzi, P.C at (201) 585-9111 today.
Table of contents
Truck Accidents: Common Causes
Truck accidents are unfortunately all too common on America’s highways and city streets. While passenger vehicles are often involved in collisions, large trucks pose unique hazards due to their size, weight, and the complexities of operating them safely. A lawyer who knows the common causes of truck accidents can explain how to determine liability in your case.
Driver Fatigue
Truck drivers often work long hours to meet strict delivery deadlines. Even though federal regulations mandate limits on how many hours a driver can operate without rest, some drivers or companies ignore these rules. Fatigue affects reaction time, decision-making, and a driver’s ability to focus on the road, increasing the likelihood of an accident.
Distracted Driving
Distracted driving is dangerous for anyone, but it’s particularly devastating when it involves an 18-wheeler. Truck drivers might engage in activities like texting, eating, adjusting a GPS, or talking on the phone while driving. Even a momentary lapse in attention can lead to catastrophic consequences.
Improper Maintenance
Trucks require frequent inspections and maintenance to function safely. Brake failures, tire blowouts, and other mechanical problems are often the result of neglected maintenance. Determining whether a trucking company or maintenance provider failed to uphold safety standards is critical in these cases.
Overloading
Trucking companies sometimes overload trailers to increase profits or speed up deliveries. However, overloaded or improperly loaded trucks can become unstable, harder to stop, or prone to tipping over. This puts everyone on the road in serious danger.
Speeding and Reckless Driving
Due to high demands, truck drivers might feel pressure to exceed speed limits or drive aggressively. This increases stopping distances and reduces the ability to maneuver quickly, often leading to devastating crashes.
Driving Under the Influence
Although standards for commercial drivers are strict when it comes to alcohol or drug use, there are cases where impaired driving still plays a role in truck accidents. The use of stimulants to combat fatigue can also alter drivers’ judgment and reaction times.
Understanding the cause of your accident is vital for identifying who may be held legally responsible. Determining liability often requires an in-depth investigation by your legal team.
What Can I Get Compensation For?
The aftermath of a truck accident can leave you facing significant losses, from physical injuries to emotional and financial hardships. If you file a truck accident lawsuit, you may be eligible to recover compensation for a variety of damages. Here’s a breakdown of the most common types of damages you can sue for.
Medical Expenses
Truck accident injuries are often severe due to the size and weight of these vehicles. Common injuries include broken bones, spinal cord injuries, traumatic brain injuries (TBIs), and internal organ damage.
Medical bills can quickly pile up, covering everything from immediate emergency care to surgeries, physical therapy, medication, and follow-up visits.
When you file a lawsuit, you can seek compensation for both current medical expenses and any future costs related to ongoing treatments or long-term rehabilitation. If home modifications or assistive devices become necessary, those costs may also be included.
Lost Wages and Reduced Earning Capacity
Many truck accident victims find themselves unable to work for weeks or even months after their injuries. Lost wages can create significant financial strain, especially if you are the primary wage earner in your household.
Additionally, if your injuries result in a long-term disability that prevents you from returning to your previous job or reduces your earning capacity, you can seek compensation for this loss. Calculating future lost wages often involves expert testimony or financial projections, which a skilled attorney can help organize.
Pain and Suffering
Not all damages suffered in a truck accident are physical. Pain and suffering refer to the physical discomfort and emotional distress caused by your injuries. This can include chronic pain, depression, anxiety, PTSD, and even the loss of enjoyment in daily activities.
Because pain and suffering are non-economic damages, calculating their value can be complex. Courts often rely on factors like the severity of your injuries, the effect on your daily life, and the length of your recovery.
Property Damage
A collision with a large truck may seriously damage your vehicle. You can include the cost of repairs or the total replacement value of your car in your lawsuit. Additional property damage, such as personal items destroyed in the crash, may also be recoverable.
Loss of Consortium
If the injuries from a truck accident significantly affect your relationship with your spouse, you may be able to claim loss of consortium. This refers to the loss of companionship, care, or intimacy that results from your injuries. While this type of damage is less common, it can be an important part of certain cases.
Punitive Damages
Unlike compensatory damages, which are meant to make up for your losses, punitive damages are aimed at punishing the at-fault party and deterring future misconduct. These are typically awarded in cases where the defendant’s behavior is egregious, such as driving under the influence or knowingly violating safety regulations.
Verdicts and Settlements
$750,000 - Motor Vehicle Crash
To a self-employed bagel store owner who suffered an aggravation of low back injury requiring surgery, urinary incontinence and post traumatic stress disorder.
$650,000 - Inadequate Building Security
To a young single woman who was abducted and raped in a dimly lit, insecure hotel parking lot in 1994 and suffered severe and disabling post traumatic stress disorder.
$2,250,000 - Motor Vehicle Crash
To a Union Electrician injured when he was hit on the Garden State Parkway north causing him to spin and hit the median barrier. The injuries sustained required two back surgeries following the aggravation of pre-existing stenosis leaving him unable to work.
The Role of Negligence in Truck Accident Cases
Most truck accident lawsuits are based on the legal concept of negligence.
To win your case, you must prove that the at-fault party acted carelessly or failed to take reasonable precautions, leading to your injuries.
You may hold several parties liable in a truck accident case, including:
- The Truck Driver: If the driver was fatigued, distracted, speeding, or impaired, they could be held responsible.
- The Trucking Company: Employers may face liability for negligence in hiring, training, or supervising drivers. You can also hold them accountable for pushing drivers to violate hours-of-service regulations.
- The Maintenance Company: If a failure to inspect or repair the truck properly led to the accident, you can hold the maintenance company liable.
- The Manufacturer: If a defective part, such as faulty brakes or tires, caused the accident, the manufacturer may be responsible.
- Cargo Loaders: If improper loading or overloading plays a role, you can hold the party responsible for loading the truck accountable.
Proving negligence requires establishing four key elements in your case:
- The other party owed you a duty of care.
- They breached that duty of care through their actions (or inactions).
- That breach directly caused the accident and your injuries.
- You suffered measurable damages as a result.
Gathering evidence, such as accident reports, witness statements, photos, and truck driver logs, is crucial for building a strong case.
What to Expect During the Legal Process
Handling the legal process after a truck accident can seem overwhelming, but understanding the key steps can make things clearer. Here’s a breakdown of what you can expect from each phase in the process:
Consultation with an Attorney
Your first step is meeting with an experienced truck accident attorney. They’ll evaluate your case, outline your legal options, and explain the types of compensation you may pursue.
Filing the Claim
Your attorney will draft and file a complaint in court, detailing your allegations, identifying the defendant(s), and stating the damages you’re seeking. The defendant will then respond to your claim.
Discovery Phase
Both sides will gather evidence to strengthen their cases. Your lawyer will request records like maintenance logs or correspondence from the defendant, while you may need to provide documents like medical bills and participate in a deposition.
Your attorney will prepare you for this step.
The Importance of Documentation
During this phase, having detailed records is vital. Keeping organized documentation of your medical bills, lost wages, and any accident-related expenses can significantly strengthen your case. These records provide concrete proof of your damages and make it easier for your attorney to present a compelling argument on your behalf.
Settlement Negotiations
Most truck accident cases settle out of court. After the discovery phase, your lawyer will negotiate with the defendant’s legal team to secure a fair settlement. If talks fail, your case may proceed to trial.
Trial (If Necessary)
At trial, your attorney will present evidence, call witnesses, and argue your case in front of a judge or jury. They’ll work to prove the defendant’s liability and secure appropriate compensation for you.
Compensation
If you win at trial or reach a settlement, you’ll receive compensation. Settlements are often quicker, while appeals in trial verdicts may delay payment.
By staying informed and closely working with your attorney, you can confidently go through each stage of the legal process and maximize your chances of a successful outcome.
Stay Organized and Consistent
The success of your case depends on presenting a well-organized and consistent narrative. Create a file to store all documents related to your injury, including medical bills, insurance correspondence, work records, and receipts.
The more organized you are, the more effectively your attorney can use this evidence. Transparency and communication with your attorney can help them put together the strongest case possible. Your attorney is more than your legal representative, they will guide you through every step.
Why Hiring a Truck Accident Attorney Is Crucial
Truck accident cases are far more complex than your average car accident case. Battling large trucking companies, insurance providers, and their legal teams can be daunting—but you don’t have to face it alone. Hiring an experienced truck accident attorney gives you a substantial advantage.
Attorneys with experience in these cases understand the unique regulations and standards that apply to the trucking industry. They also know how to investigate the accident thoroughly, identify liable parties, and negotiate fair settlements.
Additionally, they can take your case to court if the insurance company refuses to offer adequate compensation. You deserve compensation for your suffering – an attorney can significantly aid in making that a possibility.
At Maggiano, DiGirolamo & Lizzi, P.C., we have decades of experience representing truck accident victims. Our dedicated team works tirelessly to secure the compensation our clients deserve, whether it’s through negotiation or trial. We handle all aspects of the legal process so you can focus on your recovery.
Call Maggiano, DiGirolamo & Lizzi, P.C
If a truck accident injured you or a loved one, time is of the essence. Evidence can fade, witnesses can become harder to locate, and strict deadlines may apply to your case. Contact an experienced truck accident attorney as soon as possible to explore your options for pursuing justice and compensation.
At Maggiano, DiGirolamo & Lizzi, P.C., we’re here to answer your questions, explain your legal rights, and guide you through the process of getting justice.
Call us today at (201) 585-9111 for a free consultation and take the first step toward rebuilding your life.
