Last Updated on July 17, 2025 by Beltz Law Group
Serious Injury Lawyers
In the aftermath of a devastating 18-wheeler accident in Texas, victims often face not only severe physical injuries but also a significant financial burden due to an inability to work. This can lead to substantial “loss of income” damages in a negligence claim. Understanding how to claim and prove these losses is crucial for securing fair compensation.
Understanding Loss of Income in Texas Negligence Claims
When someone else’s negligence causes an accident, Texas law allows the injured party to seek compensation for their financial losses, including those related to their income. This typically falls into two categories:
- Lost Income (Past Wages): This refers to the income you’ve already lost due to being unable to work since the accident occurred. This can include:
- Wages and Salary: Your regular pay that you missed because of your injuries and recovery.
- Commissions and Bonuses: If your income structure includes these, and you lost them due to your inability to work.
- Sick Leave and Vacation Time Used: If you had to use your paid time off to cover your absence, you can seek compensation for the value of that time.
- Self-Employment Income: For self-employed individuals, this would involve demonstrating lost profits or business opportunities.
Proving Lost Income: To successfully claim past lost income, you’ll need to provide clear evidence, such as:
- Pay stubs, W-2s, or tax returns to establish your earnings before the accident.
- Letters from your employer confirming your absence from work and any lost wages.
- Medical records demonstrating the necessity of your time off for treatment and recovery.
- Documentation for self-employed individuals (e.g., invoices, bank statements, profit and loss statements) to show the reduction in business income.
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Loss of Earning Capacity (Future Income): This is often the more complex and substantial part of a loss of income claim, particularly in severe 18-wheeler accidents. It addresses the future income you are reasonably likely to lose because of permanent injuries or long-term disabilities caused by the accident. This could mean:
- Inability to Return to Your Previous Job: If your injuries prevent you from performing the duties of your former occupation.
- Reduced Earning Potential: Even if you can return to work, your injuries might force you into a lower-paying job or reduce your capacity to earn as much as you did before.
- Loss of Career Advancement: The accident might derail your career path, preventing promotions or advancements you would have likely achieved.
- Impact on Future Plans: If you had specific career or business plans that are now impossible due to your injuries, these can also be factored into a loss of earning capacity claim.
Proving Loss of Earning Capacity: Because this involves future predictions, it often requires the testimony of expert witnesses, such as:
- Vocational Experts: These professionals assess your pre-accident earning potential, the impact of your injuries on your ability to work, and potential alternative employment options and their associated wages.
- Economists: They can project your lost future income based on your life expectancy, work-life expectancy, and potential for wage growth.
- Medical Experts: Doctors provide crucial testimony about the extent and permanence of your injuries, which directly impacts your ability to work in the future.
Your personal circumstances, including your education, work history, skills, and any pre-accident career plans, will be vital in building a strong argument for loss of earning capacity.
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Other Damages in Texas Negligence Claims
While lost income is a critical component, 18-wheeler accident victims in Texas can also seek compensation for other significant damages, including:
- Medical Expenses: Past and future costs of medical treatment, including hospital stays, surgeries, doctor visits, medications, rehabilitation, and assistive devices. These injuries can be incredibly severe in truck accidents.
- Pain and Suffering: Compensation for the physical pain, mental anguish, emotional distress, and discomfort caused by the accident and injuries. In Texas, while allowed, there can be limitations on the amount recoverable for pain and suffering in certain types of cases.
- Property Damage: Cost to repair or replace your vehicle and any other personal property damaged in the accident.
- Disfigurement: Compensation for any permanent scarring or physical disfigurement resulting from the accident.
- Loss of Consortium: In cases of severe injury or wrongful death, a spouse may claim damages for the loss of companionship, affection, and other benefits of the marital relationship.
Identifying Responsible Parties (Liability)
Determining who is at fault in an 18-wheeler accident can be complex, as multiple parties may share liability under Texas law:
- Truck Driver: For negligent actions like distracted driving, fatigued driving, speeding, or violating traffic laws.
- Trucking Company: Often held responsible under the principle of “respondeat superior” (employer’s responsibility for employee’s actions). They can also be liable for negligent hiring, training, maintenance, or adherence to federal trucking regulations.
- Truck Manufacturer/Parts Manufacturer: If the accident was caused by a defective truck or faulty components (e.g., brakes, tires).
- Cargo Shipper/Loader: If improper loading or securing of cargo led to a weight shift or other hazardous conditions.
- Government Entities: In rare cases, if the accident was caused by poorly maintained roads, faulty traffic signals, or other hazardous conditions that a government agency was responsible for.
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If multiple parties are responsible, it’s possible to pursue claims against all of them to maximize your potential compensation.
The Importance of Legal Counsel
Navigating a complex negligence claim, especially one involving an 18-wheeler, requires skilled legal representation. An experienced Texas truck accident attorney can help you:
- Investigate the Accident: Gather evidence to establish fault and determine all liable parties.
- Accurately Calculate Damages: Work with experts to properly assess your past and future lost income, medical expenses, and other damages.
- Negotiate with Insurance Companies: Deal with aggressive insurance adjusters who may try to minimize your claim.
- Represent You in Court: If a fair settlement cannot be reached, they will advocate for your rights in a lawsuit.
Never admit fault or sign anything without consulting an attorney after a truck accident. A skilled attorney will fight to ensure you receive the full and fair compensation you deserve to help you rebuild your life.
