McKinney Truck Accident Damages
Truck accidents can lead to tremendous property damage and personal injuries. The financial burden an accident could bring to an individual and their family could be debilitating. Fortunately, McKinney courts allow injured victims to hold the responsible party accountable for their actions. A skilled truck accident attorney could help an injured individual and their family recover compensation for damages. Call today and schedule a consultation with a lawyer who could help you collect McKinney truck accident damages.
Types of Truck Collision Damages
There are two main types of damages an injured individual could recover following a truck accident in McKinney: economic and non-economic. Economic damages are damages that have a specific monetary value and can be tracked with bills or receipts. This includes loss of income, loss of earning capacity, lost wages, and medical expenses.
Non-economic damages are not as easy to quantify and vary from person to person and case to case. These are considered the most important type of damages that people sustain after truck accidents. Non-economic damages include mental anguish, physical impairment, loss of consortium, and pain and suffering. In Texas, non-economic damages are not capped and are left up to the jury to decide.
When are Punitive Damages Awarded?
Punitive damages are meant to punish the defendant for gross negligence. There is a multi-step formula used to award punitive damages for exemplary damages verdicts that are $200,000 or more. This formula is found in Section 41.008 of the Texas Civil Practice and Remedies Code. It limits all exemplary damages except some enumerated criminal offenses like intoxication manslaughter, which are not limited by a specific dollar amount. There are no caps on truck accident damages in McKinney except for punitive damages.
The Damages Auto Insurance Could Cover
A person’s auto insurance typically covers any personal injury damages following an accident. Some policies will also cover punitive damages, while others will not. The defendant’s insurance company will cover both the economic and non-economic damages. There is no recovery of attorney’s fees in these cases.
Also, the defendant’s policy will also have an amount of coverage for damage to property. In Texas, trucks have higher liability limits than cars. Most truck companies have a minimum insurance policy of either $750,000 or $1 million, depending on the type of commercial vehicle is involved in the wreck. Trucks carrying hazardous materials must have a $5 million policy at a minimum.
How is Evidence Gathered for Truck Wreck Claims?
The first step that a lawyer will take following a truck accident is gathering evidence. Collecting evidence as soon as possible is critical when filing a claim for McKinney truck accident damages. This includes evidence on the scene and additional evidence about the vehicles involved in the wreck such as black box and trucking safety systems data.
Once this evidence is preserved, the attorney will gather medical bills, lost earnings capacity evidence, and discovery in the files of the trucking company and other companies where the driver has worked. The attorney could then use the evidence to establish liability and develop a case so the jury could fairly compensate the injured individual.
A McKinney Attorney Could Help Recover Truck Accident Damages
The role that a knowledgeable attorney could play in recovering McKinney truck accident damages is essential. A seasoned lawyer could know what evidence it takes to sustain or uphold the compensation that they expect a jury to give. Also, they could make sure that there is adequate evidence in the record so that it could be held up on appeal. If you were injured in a truck collision, reach out to a skilled attorney who could help you recover the damages you deserve.