It’s very difficult to really tell from the outset of any particular case what the compensation would be in the end. However, there are many different factors that are going to affect the compensation that you’re going to receive as a result of a commercial vehicle accident. For instance, we need to take into consideration what medical attention or medical care you received, the cost of that medical care, and the length of time that you are treating. In addition, we also need to factor in the venue of the case so that we can assess what a jury in that area or in that court will typically award in terms of general damages for pain and suffering. Further, we need to consider what long-term injuries you suffer because of the accident and the cost of continuing medical care. Also, we must consider the amount to compensate you for your past pain and suffering, along with your future pain and suffering.
In Addition to Injuries, What Else Do People Typically Seek Compensation For?
In addition to the compensation for one’s personal injuries there is also property damage. So, if your vehicle was damaged as a result of the accident it would be the responsibility of the other driver to compensate you in order to make you whole. The compensation to make you whole takes into consideration your: out of pocket expenses for prescriptions, bandages, crutches, etc. In addition, if you had missed work because of your injuries though this accident that portion would be an additional component of your damages.
If I Was a Passenger in a Car Struck by a Commercial Vehicle, Am I Entitled to the Same Compensation as the Driver?
Yes. The compensation for your injuries does not magically change, because you are a passenger and not a driver. Everyone operating a motor vehicle has a duty to observe the rules of the road. If the driver of a vehicle fails to meet a standard of care while operating the vehicle they are negligent and responsible for the injuries caused that their negligence has caused to you. Regardless of whether you are a driver or a passenger, the negligent party must nonetheless compensate you for your losses.
What is a Commercial Vehicle Driver’s Obligation to Other Motorists?
Commercial vehicle drivers have a duty to observe the rules of the road. If the driver is found negligent and is responsible for causing your injury, the driver needs to compensate you in order to make you whole. Recoverable damages include payment of your medical bills, compensating you for pain and suffering, property damage, and lost wages.
Commercial drivers also have a continuing duty to make sure that they and the vehicles that they operate are fit for operation. This ongoing duty requires that they report illness, drugs, medication use, or any injuries that could impair their physical abilities. Also, the drivers must undergo a proper medical examination to make sure that they are ready for the road. Similarly, drivers are required to ensure the safe condition of their vehicles before they start out on the road. In addition, drivers should decline to operate any vehicles that they find are unsafe.
Do Clients Often Want to Sue Separately in Hopes of Recovering More?
Not very often. Usually when they come to us and we handle the case on their behalf, we’re looking to see who the responsible parties are, and unless something very special about that case changes or our general practice, we will proceed in one lawsuit against everyone. It’s actually better for our clients because then you only have to worry about going through one lawsuit rather than having to go through multiple lawsuits and trials.
If I was Partially Responsible for an Accident How can that Affect my Claim?
The answer depends on the state and the law that it follows. In California, which is a comparative negligence state, your fault in the accident does not immediately mean that you cannot win the lawsuit. This means that the amount of your fault is going to be taken into account, and then the judgment would be reduced by an amount that is proportionate to your responsibility.
For more information on Compensation In Trucking Accident Claims, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (714) 697-8600 today.