Damages in Truck Accident Cases
Truck accidents leave some of the most permanent, catastrophic injuries to those involved when compared with other types of vehicle accidents. Many of these accidents can even lead to fatalities. Victims, and loved ones left behind, bear the burden of exorbitant costs associated with a victim’s medical treatment, time missed from work, or permanent disability. Often, these accidents are the result of a truck driver’s negligence, and therefore a personal injury or wrongful death claim can be pursued against that driver as well as other negligent parties, such as a trucking company. Miami truck accident lawyer Robert Dixon and his staff at the Law Offices of Robert Dixon assist victims, and families who have lost loved ones, in claims to seek the compensation they need in the aftermath of a devastating truck crash. We offer dedicated and compassionate legal services to clients across South Florida, including in Broward, Miami-Dade, and Palm Beach Counties. Dealing with big entities like insurance or trucking companies can be intimidating, our firm is here to help you through the process and make sure your legal rights are protected. If you’ve been injured, or a loved one has lost his or her life in a collision with a truck, please contact the Law Offices of Robert Dixon today to schedule a free consultation to discuss your claims.Available Damages in Truck Accident Cases
Before compensation can be determined and awarded in a personal injury or wrongful death claim arising out of a truck accident, a victim, or plaintiff, must establish negligence on the part of one or more parties. Negligence occurs when a party, or defendant, breaches a duty of reasonable care owed to the plaintiff, causing injury or death, and resulting in damages. For example, a truck driver who fails to take required meal or rest breaks, and operates his massive vehicle while overly fatigued, can be seen as having behaved unreasonably and therefore negligently. A trucking company can also be held accountable either directly or vicariously due to an employee-employer relationship between the company and the negligent driver. Direct liability of a trucking company arises when the company itself is negligent, often in the form of negligent hiring practices or inadequate training or supervision of its drivers. For example, if a trucking company hires a driver with a record of driving under the influence of drugs or alcohol because it did not do a proper background check, and that driver causes an accident while drunk, both parties can be held responsible. Manufacturers of defective parts can also be pursued as defendants if that defect was a factor in causing a victim’s injury or death.
The most serious injuries on the road are often suffered in truck accidents, due to the massive size and weight of the truck, which usually collides with a smaller passenger car. Also, these collisions often occur on highways, when both vehicles are travelling fast. Catastrophic injuries such as traumatic brain injury, amputation of a limb, disfigurement, as well as paralysis from spinal cord injuries can all occur due to a truck crash. Damages available to these victims, or families who have lost loved ones, may include:
- Economic damages: These include verifiable costs based on past or anticipated bills such as property loss and medical expenses, like doctor’s visits, hospital stays, medications, physical therapy, and other rehabilitative treatment associated with an injury. This also includes any disparity in income a victim faces as a result of his or her injury, as well as compensation for time missed from work. In wrongful death suits, this includes a victim’s medical expenses related to a truck accident prior to their death, as well as burial and funeral costs.
- Non-economic damages: This includes damages for pain and suffering or loss of consortium.
- Punitive damages: In limited circumstances, punitive damages in truck accident cases may be available; these are awarded to in order to punish a defendant if there is evidence of willful or malicious conduct meant to harm another person.
Truck accidents are more complex than many other motor vehicle collisions, as often there are multiple parties involved, including large corporations. Making sure you have a strong advocate on your side from the beginning is important to protecting your legal rights and seeking fair damages in a truck accident case.Miami Lawyers for Truck Accident Claims
Costs associated with a serious truck accident injury can quickly escalate, and those responsible for your harm should be the ones that pay. Miami attorney Robert Dixon of the Law Offices of Robert Dixon are dedicated to making sure victims pursue the compensation they may be entitled to from negligent parties at fault for their accidents. If you’ve been injured, or lost a family member due to another’s negligence, please call (877) 499-4878 or contact us online to schedule a free, no obligation consultation and learn more about how we can help.