Determining Damages in Austin Truck Accident Claims
After being involved in a truck wreck, you may be wondering what your options for recovery are. Fortunately, one of our team members could help you file a civil claim to recover your truck crash related losses. However, determining the damages you suffered in an Austin truck accident can be overwhelming without qualified legal guidance. Instead of filing alone, a seasoned tractor-trailer wreck attorney could be your advocate and fight for the compensation you deserve.
How Can an Injured Person Recover Damages?
When a person is injured in a truck collision through no fault of their own, they may be entitled to recover damages in a civil claim. Compensation may be awarded to offset damages such as injury, property damage, medical bills, pain and suffering, and more. To recover damages after a trucking accident, the claimant must provide as much evidence as possible to prove the defendant’s liability.
Gathering information such as the driver logs, what and how much the trailer was carrying, photos of skid marks, any possible visibility issues that should be considered, and initial witness interviews can be helpful to prove to the insurance company who is responsible. Skilled legal counsel must perform as detailed of an investigation as possible to be certain that no evidence is left behind and that there is a party to hold liable.
Calculating Damages in Austin Trucking Accident Cases
Generally, a court calculates damages by determining the sum of money that would fully and fairly compensate the victim of the collision for both their economic and non-economic losses. However, for the court to determine an injured person’s damages, a local attorney must provide proper evidence that illustrates the victim’s losses and the necessity of fiscal recovery.
The attorney must present the available evidence, gather experts to explain to a jury the extent of the injured person’s injuries, and more. The purpose of gathering the information is to present the maximum medical improvement, or the cost of restoring the injured person as close as to the position they were in before the truck accident.
Further, there are no regulatory damage caps in Austin truck crash cases, but the jury is able to decide on an amount to adequately compensate the injured victim.
Although not applicable in every truck wreck case in Austin, there are circumstances in which the court will determine that punitive damages are appropriate. To receive punitive damages, the defendant must have acted with gross negligence, which, at the bare minimum, requires recklessness and intent.
These damages are awarded only to punish a company, driver, or other negligent party that has and continues to do wrong—often with wanton or callous indifference to the rights and safety of others. For example, a victim could potentially recover punitive damages if the defendant trucker was driving under the influence, if they knew their truck would not meet inspection, of if they knew they were putting others in danger by getting on the road.
Let an Austin Attorney Help Determine Your Damages after a Truck Accident
After a commercial vehicle accident, you should be able to focus on your recovery and getting your life back, so filing a claim might seem daunting to do alone. However, a skilled attorney can help you gather evidence, negotiate with the insurance company, and represent you to get the compensation that you deserve for your injuries. It is important to get all of the evidence and to share a full and complete story of the damages you have sustained, and a lawyer at our firm could help you do so.
Attorneys at the firm are experienced in determining damages in Austin truck accident claims and is standing by to help you with your case. Before moving forward, reach out to schedule a consultation.