Thousands of commercial trucks deliver items to and from various parts of the United States every day. Unfortunately, tractor-trailers, semi trucks, and other big-rig vehicles are just as likely to get in an accident as every other kind of motor vehicle. The damage that results from a truck accident can be devastating. The massive size and excessive weight of big trucks mean the odds are very much against an ordinary motorist or pedestrian. If you are in a truck accident, you could face enormous medical costs or a lengthy healing period from serious injuries.
We are here to help. Our skilled, experienced attorneys are ready to assist you after a truck accident to give you the best chance at getting compensation for your injuries. We can interview witnesses, compile evidence, and prepare your truck accident lawsuit.
Call our truck accident lawyers with Howe Law at (844) 876-4357 for a free initial case review.
Who is Responsible for a Truck Accident in Roswell, GA
When determining who you should sue in a truck accident lawsuit, your first thought might be to sue the driver. Indeed, it is a good idea to sue the truck driver involved in your accident. They could have been negligent by speeding or driving while fatigued or under the influence. However, while our lawyers examine your case, it could be determined that other parties are also liable for your injuries.
It is likely best to also sue the truck driver’s employer. The law can hold employers liable for employee negligence. The trick is that the employee has to be doing a work-related activity when the negligence occurs. For example, if a truck driver hits you while pulling out of a rest stop on a delivery route, their employer will be responsible since the trucker’s activities were work-related. Alternatively, when a truck hits someone on the way to the driver’s friend’s house to watch movies all day, the trucker was not doing a work-related activity, so the employer will not be liable.
This legal principle exists because employers are often in a better position to compensate plaintiffs than employees, who might be “judgment proof” or financially unable to pay your damages. Speak with our lawyers about who the right parties to sue are in your particular case.
Damages in a Roswell, GA Truck Accident Lawsuit.
In a truck accident lawsuit, the point of damages is to “make the plaintiff whole” again or to put them in the same position as where they were prior to the accident. A plaintiff with more serious injuries will tend to have a greater damages award than a plaintiff with only minor injuries. Damages are generally broken down into three categories; economic, non-economic, and punitive damages. Of the three categories, punitive damages are the least likely to be awarded, as courts reserve them only for defendants who partake in especially bad conduct.
Economic damages refer to damages that stem from bills and receipts, like surgeries or hospital stays. In contrast, non-economic damages are more abstract and are awarded for things like physical pain or mental anguish.
Below are some of the things you could be awarded damages for in a truck accident lawsuit.
Medical Bills and Expenses
Medical expenses very commonly factor into damages in a truck accident lawsuit. Bills for surgeries, rehabilitation, physical therapy, and other medical treatments can become expensive. Medical bills are a type of economic damage because they have a paper trail definitively stating how much they cost.
Lost Wages and Future Earnings
If you had to take time off of work because of your injuries in a truck accident and the ensuing recovery, you could be compensated by the court for the income you could have earned. Similarly, if you had to take a less well-paying job – or had to quit working entirely – because of your injuries, you could receive damages based on the difference between the income of your previous job and your new job or based on your prospective future earnings were you able to continue working, respectively.
Pain and Suffering
You can be awarded damages for how painful your injuries were by the court. Unlike medical bills or lost income, things like “pain” are hard to quantify. There is no receipt for how much a broken bone hurts, and there is no bill for the mental anguish of dealing with serious injuries. Because pain and suffering do not have a set value, you and our lawyers will need to come up with what they are worth and argue to the judge and jury that you are entitled to that amount.
Lost Enjoyment of Life
You could be awarded damages if you cannot do certain tasks because of your injuries. Injuries from truck accidents could impair your ability to do basic tasks. For example, if you got hit by a truck and were injured such that you subsequently had to re-learn how to walk, it would be difficult to go about your daily tasks while you were recovering. The court can award you damages for the suffering or distress you felt during that time period. Similarly, you can be awarded damages if you are permanently unable to do certain tasks.
One common way that lost enjoyment of life damages are awarded is that the plaintiff used to enjoy a recreational activity and, because of their injuries, can no longer participate. For example, suppose a plaintiff is in a truck accident and due to their injuries can no longer walk. Additionally, suppose that this plaintiff was an avid biker and hiker prior to the truck accident. Since the plaintiff can no longer participate in those recreational activities, they have lost some enjoyment of their life, and the court could award them damages as compensation.
Call Our Roswell, GA Truck Accident Lawyers for a Free Case Review
To talk to our truck accident lawyers, call Howe Law at (844) 876-4357.
