Skip to Content
Mitchell & West, LLC Mitchell & West, LLC
Call Today For Personalized Legal Solutions 305-783-3301

Protecting Your Rights Through a Personalized Approach

Learn More About Mitchell & West
Trucking Accident

Trucking accidents can potentially cause severe personal injuries and property damage, which can be catastrophic. If you have been involved in a trucking accident, you may be entitled to compensation for your losses and damages. However, knowing which damages you can claim is essential to ensure you receive the total compensation you are entitled to.

1. Economic Damages

Economic damages are the losses that can be quantified in monetary terms. These losses include medical expenses, loss of income, property damage, and other out-of-pocket expenses. Economic damages can be significant in a trucking accident, especially if the injured person has sustained severe injuries requiring extensive medical treatment. For example, a victim who has suffered a spinal cord injury may require long-term medical care, which can result in astronomical medical expenses. The accident victim can claim all the economic damages they incurred in the accident.

2. Non-Economic Damages

Non-economic damages cannot be quantified financially but still impact the injured person's life. These losses include emotional distress, pain and suffering, and loss of enjoyment of life. Injuries from a trucking accident can have severe and long-lasting effects on the victim's physical, emotional, and psychological well-being. For example, a person who suffers a traumatic brain injury in a trucking accident may experience depression, anxiety, mood swings, and impaired cognitive function, which can negatively affect their quality of life. Victims of trucking accidents can claim non-economic damages in addition to economic damages.

3. Punitive Damages

Punitive damages are damages that are awarded to the victim to punish the at-fault party for their reckless or intentional conduct. Unlike economic and non-economic damages, punitive damages aim to deter the negligent party from future reckless behavior. In a trucking accident, punitive damages may be awarded if the truck driver was driving under the influence, texting while driving, or driving while tired, or if the trucking company violated safety regulations. However, punitive damages are not guaranteed and are only awarded in exceptional cases.

4. Wrongful Death Damages

In cases where a victim dies due to a trucking accident, wrongful death damages may be awarded to the surviving family members. These damages include compensation for economic losses such as lost wages and medical expenses and non-economic losses such as loss of companionship and emotional distress. The surviving family members of the deceased accident victim may claim wrongful death damages to compensate for their losses.

5. Comparative Negligence

In some cases, the court may find that the plaintiff was partially at fault for the accident. Comparative negligence is a legal principle where the percentage of fault is distributed between the parties involved in the accident. For example, if the court finds that the plaintiff was 25% responsible for the accident, their damages will be reduced by 25%. It is important to note that some states have different comparative negligence laws, and the rules can be complicated. Victims of trucking accidents should work with an experienced personal injury attorney to determine the amount of compensation they are entitled to.

Miami Trucking Accidents Lawyers

At Mitchell & West, LLC, we have a team of experienced lawyers who are ready to assist you with your claim. Contact us today at (305) 783-3301 for a consultation.

Share To: