How are Truck Accident Damages Calculated?
In weather conditions that are hazardous or dangerous affecting visibility or traction, federal standards of “extreme caution” rather than a state standard of “ordinary care” are required of interstate commercial truckers.
The Commercial Driver’s License manuals for all states define more specific standards of how to exercise such “extreme caution” in a variety of adverse weather conditions:
- Wet road: “Reduce speed by about one-third (e.g., slow from 55 to about 35 mph) on a wet road.”
- Packed snow: “On packed snow, reduce speed by a half, or more.”
- Icy road: “If the surface is icy, reduce speed to a crawl and stop driving as soon as you can safely do so.”
The “extreme caution” standard for commercial motor vehicles in hazardous weather may be considered as a regulation, as an industry standard, and as an industry best practice, all of which help define the standard of care for trucking or commercial vehicles in bad weather. Trucking companies have a duty to instruct their drivers on the “extreme caution” standard in adverse weather and require them to comply.
Truck Accident Damages
If you are in an accident and the truck driver was at-fault, you should receive compensatory damages. Compensatory damages compensate you for pain and suffering, emotional trauma, or financial consequences. There are two types of compensatory damages: economic and non-economic.
Calculating economic damages is pretty straightforward. Economic damages cover losses that have a specific monetary value. These include:
- Medical Treatments – Damages for medical treatments will cover anything from ambulance costs to physical therapy. The at-fault driver or their insurance company will be responsible for ensuring that all your medical expenses are covered.
- Property Damage – The at-fault driver will be responsible for any damage to your vehicle, but these damages also cover any damage to your belongings inside your car.
- Lost Income -Truck accidents often lead to incredibly debilitating injuries. If these injuries prevent you from going to work, the at-fault party will also be responsible for covering any income you lose while recovering from your injuries.
- Loss of Household Services: Those things you or your loved one did around the home that you have to do without or hire out.
There are several expenses to consider when calculating economic damages, which is why working with a personal injury attorney near you is critical. A personal injury attorney will be able to sort through all of your receipts and medical bills and accurately determine how much the at-fault party owes you.
Non-economic damages are more complicated to calculate than economic damages because you have to find a way to quantify the physical and emotional suffering that resulted from the truck accident.
- Physical Pain and Suffering – Pain from the injuries you suffered, disfigurement, scars, or disabilities are all considered physical suffering.
- Mental Anguish: Emotional Distress or Psychological Suffering – Serious truck accidents will have a lifelong psychological effect on both parties. The immediate mental trauma that results from a severe accident is often just as debilitating as the physical injuries. Accidents can even leave victims fearful of vehicles or riding in cars.
- Physical Impairment: Loss of enjoyment of life.
- Physical disfigurement: Loss of body part, loss of use, scarring, disability, or defect of body part.
- Loss of Relationship: the loss of companionship and positive benefits flowing from the love and comfort of the relationship
A truck accident attorney will have the background required to complete the complex process of assigning a monetary value to pain and suffering. You must find an attorney who will accurately calculate the damages you need to help you recover from the accident.
Reynolds & Reynolds Truck Accident Attorney Frisco, TX
The attorneys at Reynolds & Reynolds have worked decades in helping truck accident victims get the compensation they need to recover. As your dedicated legal team, we would fight for maximum recovery after a serious or fatal truck accident. Find us on social media to learn more about our services, or contact us at our Frisco personal injury office today for your free consultation. There will be no attorneys’ fees unless we obtain financial compensation for you.