Large commercial trucks can weigh as much as 76,000 pounds, more than a typical family vehicle, potentially causing catastrophic damage in an accident and often resulting in severe injuries. The financial damages add to the distress of the physical injuries in an accident, but what damages are recoverable after a truck accident in Washington?
Under RCW 4.22.030, the law states the following:
“…If more than one person is liable to a claimant on an indivisible claim for the same injury, death, or harm, the liability of such persons shall be joint and several.”
In other words, an assertive Arlington truck accident attorney can pursue compensation from all parties who caused or contributed to the accident to maximize the amount you can recover for damages in your personal injury claim.
Recoverable Damages In a Washington Truck Accident Claim
A serious truck accident quickly becomes financially costly as well as painful and potentially debilitating. These consequences are the damages in a Washington truck accident claim. Recoverable damages in these cases include the following:
- Reimbursement for medical expenses
- Anticipated costs for future injury-related medical care
- Out-of-pocket expenses
- Lost earnings
- Future income loss or diminished future earning ability
- Compensation for pain and suffering
- Catastrophic injury compensation for permanent harm, such as disability, disfigurement, loss of limb, organ loss, vision loss, hearing loss, or diminished quality of life
A fully loaded commercial truck is a deadly force in a collision. According to the National Safety Council (NSC), about 70% of truck accident injuries and fatalities involve motorists in other vehicles, not the truck driver in a much heavier vehicle’s cab.
Who Is Liable for Truck Accident Damages In Washington?
Recovering damages in a truck accident claim requires compelling evidence of the at-fault party or parties’ liability. Depending on the results of the investigation, which typically includes examining the police report, evidence from the scene, eyewitness testimony, and evidence from accident reconstruction specialists, the liable party could be one or more of the following:
- The truck driver, if they are an independent contractor
- The trucking company
- A negligent truck maintenance company
- A negligent freight loading service
- The manufacturer of a defective truck tire or part
- A third-party driver
- A negligent road maintenance agency or road construction contractor
When any of the above entities fail to adhere to Federal Motor Carrier Safety Administration (FMCSA) regulations or fail to take reasonable care to prevent an accident, they can be held liable for an accident victim’s damages.
How Do I Recover Compensation In a Washington Truck Accident Claim?
Most truck accident claims are resolved through a settlement from the at-fault party’s insurance company or through multiple settlements from several liable parties that contributed to the accident. The involved insurance companies investigate the accident, but the insurer’s priority is to protect the company’s profits by minimizing what it has to pay out on a claim. Contrarily, an injury victim’s truck accident lawyer investigates all aspects of the accident to prove liability and make a compelling claim, or multiple claims, to maximize the compensation the injury victim recovers for their damages. If you were injured in a truck accident, contact a trusted truck accident attorney today for a free consultation and learn how to protect your right to fair compensation.