Accidents involving 18-wheelers, in most cases, are brutal. There may be lives lost and properties damaged. The total damages in such accidents can be eye-popping for normal citizens. Although it is very tough to recuperate after being involved in a truck accident, life moves on. The living still needs to earn to eat tonight.
Due to being more intense, an 18-wheeler accident, more often than not, does not just end with damaged vehicles or properties. Victims may feel aftereffects for a long time or sometimes even permanently. Therefore, it is very important to understand and correctly estimate the number of damages and the compensation to be asked.
The full value of damages of an 18 wheeler accident
Damages in almost all 18 wheeler accidents encompass but are not limited to:
Physical injury—
The injuries due to an accident involving a big rig can be very severe. Though the compensation judged at the end of the case involves a lot of factors, the law allows the victim to ask for compensation for the cost of treatment from the responsible party. The injuries, though, must be confirmed by an able medical expert who can determine the extent and nature of one’s injuries.
Pain; Mental and Physical—
Injuries lead to pain and accidents can lead to trauma. Most laws recognize this aspect and let the victim ask for compensation for the mental anguish and pain associated with an accident. In Texas, although allowed, there is a set limit of $250,000 for the maximum amount one can claim on account of pain and suffering. The determining factors of the approx amount for this aspect are the extent of mental anguish one experienced, limitations of one’s physical activities, the extent of disfigurement, loss of loved ones, and other factors.
Lost income—
Time spent for treatment is the time one spent out of work. And being out of work, in turn, means a loss of income. Therefore, the law allows the victim to ask for compensation for lost income as well as missed work due to the treatment following the truck accident. Appropriate evidence need to be prepared to support the claim
Future income—
This is one of the most ambiguous but very important factors in an 18-wheeler accident. The victim in an 18-wheeler accident may suffer some permanent after-effects of the accident. Due to the involvement of a very large vehicle, permanent loss of movement, brain injury or other permanent ailment is, unfortunately, somewhat more common in an 18-wheeler accident. This can be very detrimental to the future life of the victim. The victim may never be able to work like before, resulting in loss of income or even the job. The victim can bring out this aspect and is entitled to compensation for this. A good 18 wheeler accident attorney would often discuss in length with the client to create a good argument for this aspect of the claim. One can even ask for their future plans, which can never be accomplished after the accident, to be compensated provided they can be estimated and proved to a reasonable extent.
Liability; Parties Responsible
The extent of the responsibility of a party in an accident plays a big role in determining the final compensation payout of an 18 wheeler accident lawsuit. The following parties can be deemed as responsible and be asked for compensation in an 18-wheeler accident:
Truck or its parts manufacturer
When the main reason for the accident is faulty components in the truck
Truck Driver
When the main factor responsible for the accident is negligent driving
Owner of the Truck
Under the respondent superior principle, the trucking company can also be held liable for an 18 wheeler accident. Cases like negligence in following appropriate laws while hiring drivers can also cement the responsibility of the company in an 18-wheeler accident
Cargo shipper and loader
Sometimes the cargo is sealed the whole time while being transported. In such cases, if a cargo shift or problems with cargo can be proved to be a factor in the accident, the cargo shipper and loaders can also be held responsible.
Government agencies
If the accident occurred due to a faulty road or other negligence in the maintenance of pieces of equipment in the range of government, the government could also be held liable
If multiple parties can be held responsible, to maximize their compensation the victim can make multiple claims. The best 18 wheeler accident lawyers understand this factor and further advise their clients to never agree on any degree of responsibility for the accident. With a sound argument and appropriate evidence, an experienced 18 wheeler accident attorney can help one get appropriate compensation so they have no problems as they reboot in life.
