Truck drivers in the United States are required to have a Commercial Drivers’ License (CDL) as a minimum requirement for operating a commercial truck and have additional certifications depending on the type of cargo they transport, the weight of the vehicle, and more. Most truck drivers are extremely responsible, as their licensing and certifications indicate, but that does not mean every trucker on the road will adhere to all of the rules at all times. One major issue with all drivers, including truck drivers, is distracted driving, which has been exasperated since the advent of the smartphone. Now, we must try to nearly-continuously block out ongoing pings, alerts, and notifications from our phones while we keep our eyes on the road. Unfortunately, 2,841 people were killed in 2018 by people texting and driving. Nearly 50% of drivers have admitted to texting while driving, and there are many more types of distracted driving we can engage in, as well.
If you have been in an accident with a distracted truck driver, whether due to smartphone usage or other distracted driving behaviors, the results can be catastrophic. Even a low-speed collision between a commercial truck and a passenger vehicle can result in serious, even fatal, injuries, even if a crash between similar-sized vehicles would have just resulted in a fender-bender or minor property damage with no injuries at all. Getting hurt in an accident can be extremely frustrating, especially when you know the accident could have been avoided if the truck driver was not distracted.
Calculating Damages After a Distracted Driving Accident
A distracted driving accident is typically treated like any other tort, meaning that once the matter of fault and liability has been established, your lawyer will simply move forward with calculating the damages you are owed from the commercial trucking insurance company. Commercial insurance policies for trucks often have policy limits in excess of $1 million due to the risk that comes with commercial trucking and the potential damage an accident can cause, but this does not mean it will be any easier to get the money you are owed without a fight.
Your lawyer will go through all of your damages, both economic and non-economic, in order to calculate the money you are entitled to before negotiating directly with the insurance company for an out-of-court settlement. If negotiations fail, the next step may be to file a lawsuit.
Economic damages will make up the basis of your claim, as they are the most concrete and prevalent damages in the majority of personal injury cases. They include anything that comes with a measurable dollar value, such as your medical bills and lost wages. There are many other economic damages, as well, such as prescription medicine costs, services you hired to assist with chores while you were injured, and much more. Your trucking accident lawyer will go through all aspects of your financial situation to identify the economic damages you are owed, many of which the insurance company would likely never offer on their own.
Non-economic damages are more complicated to calculate than economic damages, simply because they seek financial compensation for impacts on your life that do not have measurable dollar values. Non-economic damages seek to measure the severity of things like the pain and suffering you endured because of your injuries, the decrease in your quality of life, as well as a number of other impacts such as fear or anxiety about driving, or trauma resulting from your experience in the crash. As you can imagine, it is more complicated to reach a dollar figure for non-economic damages than it is to total up your medical bills, but there are a number of methods that are well-established in tort law that your attorney will use in order to get you the compensation you deserve.
Contact 1-800-Injured Now For a Free Consultation After a Distracted Driving Accident
We offer a free initial consultation for anyone who has been hurt in an accident caused by a distracted driver, and we encourage you to take advantage of this offer as soon as possible. The days and weeks following any type of car accident can be extremely overwhelming for the victims, especially as they try to balance their medical care with their employment obligations and try to keep their stress low as medical bills mount and missed workdays add up. We are here to put your mind at ease, and connect you with an attorney who will help you through this difficult process by building a strong case meant to get you the compensation you truly deserve.
Contact us as soon as possible to schedule your consultation so we can discuss the specifics of your accident and connect you with an experienced truck accident attorney in your area. The sooner you are partnered with a lawyer, the sooner you will be able to prioritize your own needs without taking on the stress of your insurance claim or financial worries stemming from this accident.