Truck drivers are just like everyone else. They can get a little sleepy behind the wheel, especially when they’re hauling loads at night. While truck drivers are limited to the number of hours they can spend behind the wheel, it doesn’t mean sleepy drivers aren’t barreling down the highway.
Regardless of whether the semi-truck driver is wide awake or falling asleep, if any accident happens damages are usually pretty severe. This means recovering compensation is often a priority for accident victims. So, what are your potential recoverable damages in an Arizona fatigued truck accident? The list may be a little more extensive than you realize. This means you have a better chance of recovering compensation for all of your financial losses.
What Are Damages in an Arizona Truck Accident Claim?
Damages in a personal injury claim refer to the monetary losses accident victims typically suffer. Like pretty much every other state, the Grand Canyon State divides damages into three categories:
- Economic damages are tangible losses. This means these losses have an exact monetary value you can usually determine by adding up bills, receipts, and estimates.
- Non-economic damages are your intangible losses. These types of damages don’t come with a handy preset value. Instead, you and/or your personal injury attorney can use one of two methods to calculate the estimated value of your non-economic losses.
- The third category refers to punitive damages. This type of damage is only available in some personal injury cases. You can’t claim punitive damages, instead, they’re awarded by a judge and/or jury. Punitive damages are typically only awarded in cases where gross negligence is a factor.
Common Types of Economic Damages
To help you stay better informed and increase the odds of success in your accident case, here’s a closer look at what losses fall under economic damages.
Medical Expenses
Almost all truck accident claims list medical costs as economic damage. This is usually true even if the fatigued driver only taps your vehicle’s bumper. Regardless of the accident’s severity, it’s always a good idea to get checked out by a healthcare provider. You may have internal injuries that can take several days before symptoms start appearing.
You can claim the cost of the medical checkup, along with any necessary treatment. This includes prescriptions, rehabilitation therapy, and even long-term care. You can also claim any follow-up checkups. Save all bills and receipts and get copies of your medical records. You’re going to need to submit these items with your personal injury claim.
Property Repair/Replacement Costs
The legal definition of property damage is fairly broad. Not only can it include vehicle damage, but also your personal property like laptops, tablets, and smartphones. Even purses can be covered in an accident claim if the item is damaged.
Sometimes, property damage is too extensive for repairs. You need to replace the damaged item. Replacement costs can also be listed in a commercial truck accident claim but don’t expect to recover the item’s original value.
The insurance company will factor in everyday wear and tear so your compensation may not cover all of the replacement costs. For example, if you’re including vehicle replacement costs, the insurance company usually only pays out the listed Kelley Blue Book value.
Lost Current and Future Income
Like property damage, not all personal injury claims include lost current and future income. However, if your injuries are severe you may miss work. This also isn’t a great time to start missing paychecks. You probably have bills coming in stemming from the accident.
Your list of economic damages can include lost current income. If your injuries are preventing you from returning to work, you may be able to claim lost future income. This can also apply if you’re unable to return to your previous position. If you’re forced to take a lower-paying job, your lost future income may be recoverable.
Pay stubs, tax returns, and a letter from your employer are usually enough to prove this economic damage.
Common Types of Non-Economic Damages
We mentioned earlier that non-economic damages are intangible. This can make it difficult to come up with their estimated value. If you’re not sure what qualifies as non-economic damage, the list can be extensive. A few common examples of non-economic losses typically include:
- Pain and suffering
- Mental anguish
- Anxiety and depression
- Disfigurement
- Loss of life enjoyment
- Loss of consortium
You may also be able to claim things like a permanent disability or physical impairment. Since you can refer to bills and receipts to come up with a monetary value, your personal injury lawyer will need to rely on other methods. You can use either the per diem or multiplier method to calculate the value of your non-economic damages. Both methods are widely accepted by insurance companies.
The per diem method looks at the number of days you experienced pain and suffering. The multiplier method assigns a number, usually between 1.5 and 5, to represent the severity of your injuries. A quick tip is to use both methods. This way, if the insurance adjuster denies your claim you’re ready with a counteroffer. This can help speed up negotiations and the time it takes to receive a settlement check.
Punitive Damages
We already noted that you can’t claim punitive damages. To receive punitive damages, you must file an injury lawsuit in civil court. After both sides present their evidence the judge or jury will review the case.
If the judge or jury decides a defendant is guilty of gross negligence, they can decide to award the plaintiff punitive damages. Currently, Arizona doesn’t cap punitive damages in most types of personal injury claims. An exception can be if you’re filing a medical malpractice lawsuit.
If you’re not sure what qualifies as gross negligence, it’s defined as an individual acting with blatant disregard for others’ safety. If a defendant purposefully sets out to cause injuries, they may be guilty of gross negligence.
Getting the Most Out of Your Arizona Fatigued Truck Accident Claim
Fatigued truck accident claims aren’t always easy to navigate. There’s a lot to prove and you’re probably dealing with some pretty significant injuries. Working with an experienced Arizona truck accident attorney can make it easier to navigate the process, especially if your injury case ends up in civil court.
