An 18 wheeler is a heavy duty transport truck. These trucks are usually used to transport construction materials. When such a truck runs over a person, it is often fatal and chances of the victim's survival are slim. Surviving victims of such accident end up injured and traumatized. If the accident is due the driver's negligence, victims or their families are entitled to seek compensation for damages.
To claim for damages one requires an excellent personal injury lawyer specialized in accident litigation. Cases concerning 18 wheeler accident claims are complex. This is because the plaintiffs are required to present documented evidence of medical records and costs and rehabilitative costs incurred due to the trauma. The plaintiff has the legal burden to prove the liability lies on the truck driver. Such facts are often hard to establish. Also the truck companies and their insurance companies, have teams of lawyers prepared to defeat your claim since such claims cost the companies over $1 million dollars for one victim. These claims are also expensive to put through trial due to the investigations into the accident required to adduce evidence of the truck driver's fault in causing the accident.
Damages for victims involved in 18 wheeler accidents are divided into two categories. These are non-economic and economic damages. The former award victim compensation for the non-monetary losses they suffered. These losses are such as pain and suffering from the injuries, trauma, grief and other emotional distress caused. For persons whose spouse is killed in an 18 wheeler accident, they may claim loss of consortium. These losses are hard to quantify and are awarded in terms of the period of time the victim suffers and severity. Economic losses on the other hand, include medical expenses and lost earnings. Damages aim to place the victims in the position they would have been before the accident.
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