As soon as a person gets into a truck accident on the road, they can expect to be communicating with a wide range of investigators, and legal representatives to help discover how the accident occurred in the first place. The reason it is integral to determine how the accident occurred, is to figure out who acted negligently, and therefore, who is responsible to pay for the damages caused by the accident.
In nearly all cases, the truck driver and the trucking company will be required to pay for some if not most- of the damages suffered by the victims of the collision. However, if the driver of a passenger vehicle is partially responsible for the accident, they will most probably lose out on some of the compensation they are entitled to.
If a person contributed to the accident through their negligent actions, they are usually still eligible to receive compensation, however, the total amount they receive will be lower than if the accident was completely the fault of the truck driver. Some actions that make the accident the fault of the driver include:
- Breaking traffic rules
- Driving too close to the truck
- Driving in a state of intoxication
- Driving in a state of extreme fatigue or sickness
- Driving while distracted
The general ruling is that the amount of fault a person contributed to is how much will be cut off from their final settlement amount. For instance, if a person’s total damages after the truck accident came to $100,000 and the court decides the accident was 60% their fault, they will lose out on $60,000, but they will still be able to walk home with $40,000 to help them pay for the damages since 40% of the accident was the fault of the truck driver or a third party.
However, the rules can vary depending on case to case, and a person should speak with their legal representative to see how their legal process will unfold based on the details they provide them.
What damages can be claimed after a truck accident?
The victim of a truck accident can claim any damages that resulted in them facing some form of financial loss. If the case is extreme, they can further claim damages for their pain and suffering and they may also be eligible for punitive damages. Punitive damages are extra costs forced on the guilty party to penalize them for their reckless behavior.
A truck accident caused by a truck driver drunk-driving is a common cause that is often eligible for punitive damages because the behavior of the trucker was so reckless, and the damage caused is often permanent.