Injury vs. Death After a Truck Crash

September 28, 2016



By Tim Becker

When people are injured in truck crashes, they’re often in no position to deal with legal matters. They could be hospitalized, in pain and even disoriented. If someone you know has been hurt in a truck crash, stepping in as an advocate can help them get the compensation they deserve.

Make sure they receive – and document – the medical help they need. The extent of injuries suffered in truck crashes often is not apparent for a while, and many injuries and conditions grow worse with time. Keep written records of all hospital visits and other medical appointments. You should also keep track of how much time at work the crash victim missed, as well as all the money spent on in-home care, medical equipment, and treatment for any psychological issues caused by the crash. Taking the time to track expenses will keep trucking companies and their insurance adjusters from downplaying the extent of any injuries during litigation.

Additionally, pay attention to and note the ways victims have to modify, or outright abandon, particular recreational, occupational, and home-care activities. Experienced truck-crash attorneys will assist you in identifying compensable losses, limitations and restrictions.

If a loved one has been killed in a trucking crash, you and your family members may be permitted to pursue wrongful death claims against the parties legally responsible. Exactly what kinds of damages are recoverable in a wrongful death action depends upon the law of the jurisdiction(s) involved, as well as the particular circumstances of the crash, the victims, the victims’ family members, and the wrongdoers. An attorney with significant truck-crash experience will be able to walk you through the nature of any potential claims, as well as who is capable of filing a wrongful death lawsuit, who is allowed to recover damages, and what damages are recoverable.

Right after a fatal crash, often before family members are notified, trucking companies and their insurers are working diligently to create defenses to liability by trying to place the blame on the victims and others. While you are still grieving, you may be contacted with an initial settlement and urged to make a quick decision. Do not make any significant decisions without consulting an experienced truck crash lawyer.

Meanwhile, evidence of negligence on the part of the truck driver can be lost. Hiring an attorney to advocate for you and your family members will help make sure that critical evidence is properly preserved.

Tim Becker, a truck crash attorney with Dollar Burns & Becker and victim advocate.