The American economy is dependent on large trucks to transport products and raw materials across the country. Unfortunately, when those large trucks cause accidents, the injuries are more likely to be serious or even fatal. Most litigation resulting from large truck accidents are premised on negligence, arguing that the driver or the company employing the driver failed to exercise appropriate care and that this failure caused injuries or even death.
Liability in Large Truck Accident Cases
There are many situations in which a lawsuit may be filed as a result of injuries sustained in large truck accidents but, as an example, suits may be filed against:
- A large truck driver who failed to exercise reasonable care in driving such as by falling asleep at the wheel or texting while driving, when this failure caused an accident resulting in injuries or even death
- A large truck manufacturer that produces a truck with a defect which causes an auto accident
- The company that owns a large truck and has failed to properly maintain or repair it, when a discoverable defect causes an accident and results in injuries to the driver, passengers in another vehicle, or a pedestrian
- The company that employs a large truck driver who they knew or should have known was not competent to be driving a large truck, in some instances due to drug or alcohol addiction
- The company employing the large truck driver when the company fails to discover, determine, or monitor the health conditions of the driver, when the driver develops a condition that leads to a harmful accident
Ultimately, most of the potential defendants in large truck accident cases are represented by insurance companies, who will step in and defend on behalf of the person at fault. If a settlement is negotiated, it is often the insurers who pay the settlement amount on behalf of the defendant. David A. Axelrod & Associates looks to identify the best potential defendants and seeks to maximize recovery in your large truck accident case.
Damages in Large Truck Accident Cases
Large truck accident lawsuits are premised on compensation, including economic and non-economic. Non-economic injuries include pain and suffering, loss of a normal life, and disfigurement. Economic compensation may include the cost of medical treatment, lost income, and damage to the plaintiff’s vehicle. Compensation for medical treatment can include the cost of treatment already rendered as well as the estimated costs of future medical care.
Similarly, lost income can include wages the plaintiff has already missed because of her injuries as well as estimated future lost wages. For both economic and non-economic damage awards, the injured party is compensated not just for the damage that they have already suffered, but also for the damage that they are reasonably expected to suffer in the future. Examples include future pain and suffering for a long-term chronic injury or loss of income if the injured person’s ability to work is diminished.
Wrongful Death in Large Truck Accidents
When a victim in a large truck accident dies, his or her spouse may bring a lawsuit for wrongful death and seek compensation for loss of care or companionship, loss of his or her partner’s financial contribution, and loss of consortium. In particularly egregious cases, courts may also award punitive damages that are meant to punish the defendant for his or her bad conduct.