Driving to work, school, or running errands should not risk your safety. When negligent truckers cause accidents, numerous other drivers might be badly hurt.
Damages in truck accident lawsuits are known for being significant. The financial toll of the accident might be substantial, and you might endure great pain and suffering. Depending on the defendant’s behavior, you might be awarded punitive damages too. To be awarded any damages, we need evidence supporting your claims. Evidence might include details from the crash site, witness testimony, and details about the truck and equipment. It is ill-advised to handle your case alone. Often, truck accidents stem from factors like tired drivers, unsecured loads or cargo, and equipment malfunctions.
Call (844) 876-4357 and speak with our truck accident lawyers at Howe Law to schedule a free, private review of your case and claims.
Damages You Can Sue for in a Phenix City, AL Truck Accident Case
Damages represent the losses and injuries you sustained as a direct result of the defendant’s negligence. In truck accidents, damages can be very high, as plaintiffs often suffer tremendous injuries and significant losses.
Compensatory Damages
Although sometimes overlooked and undervalued, your non-economic injuries might be worth a lot of compensation. Damages might include physical pain from injuries, emotional anguish, psychological trauma, and other distressing experiences. Recovering from injuries can be a very emotional process. Not only must you endure great bodily pain, but you might also be coming to terms with permanent or long-term disabilities, scarring, and other changes to your body.
People often think of economic damages when thinking about a lawsuit. Since injuries from truck accidents tend to be great, damages for medical bills are usually very high. Emergency room costs, surgery, x-rays, medication, and mobility aids like wheelchairs should all be factored into your damages.
You might also see steep economic costs related to lost wages and property damages. Often, plaintiffs cannot return to work after an accident and lose income. Many plaintiffs exhaust their life savings trying to recover from a bad accident. You might also have significant costs related to property damage, like losing your vehicle.
Punitive Damages
Punitive damages are not intended to help plaintiffs recover anything they lose or compensate them for painful experiences. Instead, punitive damages are designed to punish defendants and deter future bad behavior. These damages are rarely available but may be very significant in some cases.
According to Ala. Code § 6-11-20, punitive damages are only available in cases of wrongful death or when the defendant is found to have acted maliciously, fraudulently, or with wanton disregard for safety. This is a very high bar, and ordinary negligence will not cut it. Usually, the defendant’s actions must be more than negligent. They should be downright shocking or even intentional.
Punitive damages might be great, but they are not unlimited. Under Ala. Code § 6-11-21, plaintiffs may not recover more than 3 times the value of their compensatory damages or $500,000, whichever is more.
In claims against a small business, such as a trucking company, punitive damages are capped at $50,000 or 10% of the business’s net worth, whichever is more.
The limit for punitive damages related to physical injuries is 3 times the value of compensatory damages or $1.5 million, whichever is more.
How to Find Evidence for Your Truck Accident Lawsuit in Phenix City, AL
Evidence to prove your claims and help you get the compensation you need might be found at the collision scene. Considering how large truck accidents can be, evidence might be found across a wide geographical area. Alternatively, our truck accident lawyers might fund evidence with people who witnessed or are directly connected with the crash.
Photos and videos are typical in truck accident cases. If injured plaintiffs did not take photos, there is a good chance that other drivers affected by the crash stopped and took photos. There might also be video footage from cell phones, security cameras, traffic cameras, or dashcams.
We can also talk to witnesses who might have seen the accident or have other personal knowledge relevant to the accident. An eyewitness might back up your claims about how the crash occurred and how the defendant is at fault. Alternatively, they might not have been present at the crash but have information about the truck driver. For example, the driver might have been intoxicated, and the bartender that served them before the crash might testify.
Trucking companies usually keep thorough records of truck routes, equipment maintenance, and employees. We might use these records to find out when was the last time safety equipment was inspected, whether the driver took any rests during their trip, or if licensing requirements are satisfied.
Common Circumstances Surrounding Truck Accidents in Phenix City, AL
Truck accidents are rarely simple or straightforward and are likely to be thoroughly investigated before we get an official cause. Even so, we should consider several factors common in many truck accident cases when preparing your lawsuit.
The trucking industry has a serious problem with fatigued drivers. Since truckers are behind the wheel for very long periods, it is normal for them to become very tired. As such, they are supposed to take regularly scheduled breaks and rest. Unfortunately, many truckers are under tremendous pressure to drive for as long as possible, and they sometimes get so tired that they fall asleep at the wheel.
Another major contributing factor to truck accidents is unsecured loads. If the cargo in the truck is not properly secured, it might shift in transit. In some cases, a sudden shift in heavy cargo could cause the truck to topple over. Alternatively, it might spell out the back and cause other drivers to crash.
We should also consider the possibility of equipment failures. Trucks are loaded with numerous pieces of equipment designed to ensure safety on the road. If this equipment does not work as intended, people might get hurt. For example, if the trailer couplings on a semi-trailer come undone, the trailer could disconnect from the truck and crash into unsuspecting drivers.
Call Our Phenix City, AL Truck Accident Attorneys for Assistance
Call (844) 876-4357 and ask our truck accident lawyers at Howe Law to arrange a free, private review of your case and claims as soon as possible.
