When a large commercial truck collides with a passenger vehicle, the results are often catastrophic. Victims and their families may face overwhelming medical bills, lost wages, emotional trauma, and permanent changes to their quality of life. If you or a loved one has been injured in a truck accident, it is important to understand that you may be entitled to compensation.
Truck accident claims are not like standard car accident cases. Because of the size and weight of commercial trucks, the damages are usually more severe. Furthermore, multiple parties may share responsibility, including trucking companies, maintenance contractors, or cargo loaders. Knowing what damages are available can empower you to protect your rights and pursue the financial recovery you deserve.
At Kherkher Garcia, we are fierce advocates for victims of truck accidents on Texas roadways. If your are battling injuries, or the loss of a loved one, in a tragic crash, our team of truck accident attorneys can help.
What Are Damages in a Truck Accident Claim?
“Damages” in a legal case refer to the money awarded to compensate an injured party for losses caused by another’s negligence. In truck accident claims, damages typically fall into two categories: economic damages and non-economic damages. In certain cases, punitive damages may also be available.
Economic Damages
Economic damages cover the measurable financial losses that result from an accident. These are often the easiest to calculate, as they are tied to bills, receipts, and wage records.
Examples include:
- Medical Expenses – Emergency treatment, surgeries, hospital stays, medication, physical therapy, rehabilitation, and long-term care.
- Lost Income – Wages lost while recovering, as well as future lost earnings if injuries prevent a return to work or reduce earning capacity.
- Property Damage – Repair or replacement of your vehicle and any personal belongings destroyed in the crash.
- Other Out-of-Pocket Costs – Transportation to appointments, assistive devices (like wheelchairs or prosthetics), or necessary home modifications.
Because truck accidents often cause catastrophic injuries such as traumatic brain injuries, spinal cord damage, or severe burns, medical costs alone can be overwhelming. That’s why it is critical to pursue the full amount of compensation available.
Non-Economic Damages
Not every loss after a truck accident can be measured with receipts. Non-economic damages compensate victims for the very real, but less tangible, ways the accident affects their lives.
Examples include:
- Pain and Suffering – Physical pain, discomfort, and ongoing medical challenges.
- Emotional Distress – Anxiety, depression, PTSD, or loss of enjoyment of life.
- Loss of Consortium – Impact on a victim’s relationship with a spouse or family.
- Reduced Quality of Life – Inability to engage in hobbies, activities, or everyday routines once enjoyed.
These damages recognize that a serious injury affects far more than a person’s bank account – it affects their dignity, independence, and overall well-being.
Punitive Damages
In some cases, courts may also award punitive damages. Unlike economic and non-economic damages, punitive damages do not compensate victims for losses. Instead, they are meant to punish a defendant for gross negligence, recklessness, or intentional misconduct.
Examples may include:
- A trucking company knowingly forcing drivers to exceed federal hours-of-service limits.
- A truck driver operating under the influence of drugs or alcohol.
- Failure to maintain brakes, tires, or other safety equipment despite repeated violations.
Punitive damages send a strong message that dangerous behavior in the trucking industry will not be tolerated.
Wrongful Death Damages in Truck Accident Cases
Sadly, many truck accidents result in fatalities. When a loved one is killed in a crash, surviving family members may be eligible to file a wrongful death claim. Damages in these claims may include:
- Funeral and burial expenses
- Medical costs related to the final injury
- Loss of financial support the deceased would have provided
- Loss of companionship, guidance, and care
No amount of compensation can replace a loved one, but a wrongful death claim can provide families with financial security and accountability.
How an Attorney Can Help Maximize Damages
Truck accident claims are complex. Trucking companies and their insurers often have teams of lawyers working to minimize payouts. Victims may find themselves pressured into accepting a settlement far below what they truly deserve.
An experienced truck accident attorney can:
- Investigate the crash and determine liability
- Gather evidence such as black box data, driver logs, and maintenance records
- Work with medical and financial experts to calculate damages
- Negotiate aggressively with insurance companies
- Represent victims in court if necessary
By working with a skilled lawyer, victims and families can ensure they are pursuing the full range of damages available under the law.
FAQ: Damages in Truck Accident Claims
What types of damages are most common in truck accident cases?
Medical expenses, lost wages, property damage, and pain and suffering are the most commonly awarded damages.
How long do I have to file a claim?
Every state has a statute of limitations for personal injury and wrongful death claims. In Texas, victims typically have two years from the date of the accident, but exceptions may apply.
Can multiple parties be held responsible for damages?
Yes. Depending on the circumstances, liability may extend to the truck driver, trucking company, cargo loaders, maintenance contractors, or even vehicle manufacturers.
What if I was partially at fault for the accident?
Texas follows a modified comparative negligence rule. This means you can still recover damages if you were less than 51% at fault, though your award may be reduced by your percentage of fault.
Do truck accident cases usually go to trial?
Many are resolved through settlement, but if insurers refuse to pay a fair amount, your attorney may take the case to trial to protect your rights.
Get the Legal Help You Deserve
Truck accidents leave victims and families facing physical, emotional, and financial devastation. You shouldn’t have to face these challenges alone. At Kherkher Garcia, our truck accident attorneys are fierce advocates for those harmed by negligent truck drivers and reckless trucking companies. We have the knowledge, resources, and courtroom experience to stand up to big trucking corporations and their insurers. We don’t back down until our clients receive the justice they deserve.
If you or a loved one has been injured in a truck accident, contact Kherkher Garcia today for a free consultation. Let us fight for the full and fair compensation you need to rebuild your life. Get started by calling us at 713-333-1030, or by submitting our online contact form.
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