Truck accidents are particularly more frightening than passenger car accidents. The heavyweight, huge size, and velocity of trucks can cause severe and life-threatening injuries if a collision occurs. A significant percentage of truck accidents even lead to the death of several people.
If a truck driver has hit your car and caused your injuries, you can file an insurance claim with the truck driver’s insurance company with the help of an Oregon truck accident attorney. It is essential to learn what is included in a truck accident settlement to obtain the compensation you deserve.
How is a truck accident settlement determined?
The jury and a truck accident attorney look at the following factors before determining a settlement amount.
- Medical bills.
Suppose you have acquired minor or severe injuries. In that case, the documentation of your injuries, medical reports, hospital bills, accommodation bills, equipment costs, and any other cost related to the treatment of your injuries will be calculated.
- Loss of career.
If you have acquired a permanent disability because of which you can never return to work again, you can charge them for future lost earnings.
- Lost wages.
If your injuries are temporary, but they prevent you from going to work for several months or years, you can obtain compensation for losing your source of income.
- Psychological trauma.
Truck accidents can hamper a person’s physical health and cause them to acquire psychological trauma. Victims can get compensated for therapy and covering emotional injuries.
- Wrongful death.
Truck accidents can often lead to death. The spouse or any other surviving family members of the deceased can file a lawsuit for financial losses, loss of companionship, and pain and suffering.
Things you need to prove in a truck accident
Before determining a settlement, you need to prove the following with necessary evidence.
- The truck driver was negligent.
- The truck driver’s negligence caused the accident.
- You acquired your injuries in the accident.
- Evidence of your economic and non-economic damages.
Who pays your settlement- the truck driver or the employing company?
Who pays your settlement can vary from case to case. If the driver was at fault, for example, if he had fallen asleep on the steering wheel or had violated a traffic law, they might be liable for your injuries. However, there are some cases when the truck company may be responsible. For instance, if the collision was caused due to faults in the braking system, the company is liable for not keeping up with the maintenance of their vehicles.
On the other hand, in some cases, even if the truck driver is at fault, the company still may be liable. This is because the company had the responsibility of hiring skilled and experienced drivers. Their failure to conduct proper recruitment could have played a role in the collision.