Semi truck accident settlements are known to be higher than the average car accident settlement. Factors that are taken into the account after an accident are the many different parties who are involved in the accident, which parties share liability, which victims will share the settlement, and any insurance restrictions and maximums. Comparative negligence laws may also apply. Often times, truck crash victims may be able to receive compensation from the trucker’s company. Compensation usually covers the victim’s medical expenses, lost wages, replacement or repair of personal property (as in the vehicle damaged), and any emotional trauma suffered. Any injury that causes permanent or severe disability will be yield more compensation than a temporary injury. Having an experienced personal injury lawyer Brooklyn NY relies on on your side can help you gain a fairer and more just settlement.
When punitive damages apply because of negligence on the trucker’s part, a settlement can be very high. This is determined when a trucker is determined to be guilty of behaving intentionally in a way that can harm a victim. If the trucker ran another smaller car off of the freeway in an attempt to hurt, kill, or intimidate them and it resulted in the injury of the car driver, it will be defined as punitive damages. Or, if the trucker was following too close behind a car in an attempt to make the driver go faster and could not stop in time to prevent hitting the car, punitive damages will be declared. The company that the trucker works for will most likely be held accountable for any damages their trucker caused if the trucker was sleep deprived or fatigued due to working without taking a mandatory legal break. Even though the company is not at fault for the trucker’s actions per se, they are at fault for hiring a negligent driver.
If the car victim was in any way at fault for the accident, laws regarding comparative negligence may be put into play. The victim will most likely still receive a settlement, but it will be decreased by however much they were found liable for. So if a judge claims that 20 percent of the accident was the victim’s fault, the victim will only receive 80 percent of the projected settlement money and damage compensation. It is advised that a personal injury lawyer be hired to represent victims of semi truck accidents because they can explain your specific state’s laws regarding accidents and how they apply, negotiate a better settlement, and even take your claim to court if you do not receive a fair deal.
Thanks to our friends and contributors from The Law Offices of Laurence C. Tarowsky for their insight into semi truck cases.