Car accidents can be terrifying, but imagine the other vehicle is an 80,000-pound truck moving at high speeds – the crash site is likely to be truly horrific. However, despite the increased likelihood of being injured in a truck accident, some people are fortunate enough to walk away unscathed without physical injuries. But what options does this leave them when it comes to suing for compensation?
Reasons for Suing After a Truck Accident If You’re Not Injured
Most truck accident victims assume they need to be injured to file a lawsuit, but this is far from true. Truck accidents can be traumatic and expensive even without injury; there’s still property damage, potential emotional distress, and medical monitoring to take into account. The following sections take a closer look at reasons for suing after a truck accident if you’re not injured.
Severe Emotional Distress
Truck accidents can be terrifying experiences, often causing intense fear, anxiety, and even post-traumatic stress disorder (PTSD). These emotional damages can severely impact your daily life including the inability to work, to travel, and the overall loss of enjoyment of life.
If you’re struggling with emotional distress following a truck accident, a truck accident lawyer Los Angeles can help you recover compensation for medication, therapy, and other associated costs.
Property Damage
Even without injuries, truck accidents can cause significant property damage. The cost of repairing or replacing a vehicle can be substantial. By suing the at-fault party, you can successfully recover compensation for these losses. However, you will likely need to consult a truck accident lawyer to ensure you receive compensation that truly reflects any damages.
Medical Monitoring
Even without immediate physical injuries, the accident may result in health problems later in life. For example, a head injury could have delayed-onset symptoms. A truck accident injury lawyer can help you recover the costs associated with future medical monitoring or preventative screening.
Loss of Consortium
If you’re married and the emotional trauma from a truck accident disrupts the relationship, you could be eligible for loss of consortium damages. This compensates for a loss of companionship, intimacy, or affection due to the accident’s impact on your partner.
Taking a Stronger Position
Even if you don’t immediately file a lawsuit, securing a truck accident attorney Los Angeles and initiating the legal process can put you in a stronger position when dealing with the at-fault party’s insurance company. Even the possibility of a lawsuit can motivate a truck company’s insurance company to offer a fair settlement.
Holding the Truck Driver or Trucking Company Accountable
If your trucker or trucking company acted negligently, causing the accident and emotional distress, a lawsuit can help serve as a form of accountability. This sets a precedent and sends the message that reckless actions have consequences.
Why Owner of Truck Should Pay Accidental Damage
Liability can be challenging to prove in truck accidents because there are more parties than you and the truck driver. For example, the truck owner or manufacturer could be held liable in certain situations:
- Negligent maintenance. If a truck accident is caused by poor maintenance, and it can be proven, the truck owner might be liable. For example, if brake failure caused the accident and the owner failed to perform maintenance checks, they can be held accountable.
- Vicarious liability. This principle holds employers responsible for the actions of employees while performing duties. In a truck accident, this could mean the actions of the trucker can be viewed as employer liability.
- Improper loading. If the truck wasn’t loaded properly, and this caused the accident, the truck owner could be held responsible.
- Poor manufacturing. If a truck caused the accident, but it wasn’t manufactured to standard, the manufacturer could be held liable.
Building Your Case without Physical Injuries
Even though physical injuries present a clear link between damages and the truck accident, it’s still possible to sue for more than just property damage, especially if emotional distress impacts your daily life. However, evidence of emotional distress is more abstract, which is why we recommend hiring a vehicle accident lawyer to build a compelling case.
Evidence is the key to any successful truck accident claim. This includes documenting the emotional impact. Typical evidence can include:
- Witness testimony. People who witnessed the accident or immediate aftermath are critical in presenting proof of your state of mind.
- Medical records. Even without personal injuries, you may have sought professional help for depression, anxiety, or other mental health issues arising from the truck accident.
- Therapist notes. If you’re having ongoing therapy, their notes can help document the severity of your emotional distress.
- Journal entries. Keeping a personal journal detailing your emotional struggles following the accident can be vital evidence.
Solid evidence when there are no physical injuries must show that your daily life is impacted by emotional distress. This could include difficulty sleeping or maintaining relationships, inability to work, engaging in avoidance behaviors, and evidence of activities you used to enjoy but can no longer participate in.
Alongside strong evidence, timing is everything when it comes to successful truck accident compensation claims. The sooner you begin documenting your emotional state and seek professional support, the more robust your case will be. Fresh memories will always carry more weight.
Why Seeking Legal Advice is Essential
Dealing with life after a truck accident, even without physical injuries, can be financially and emotionally overwhelming. Unfortunately, the complexities of the legal system can prevent you from claiming the compensation you deserve, especially considering how difficult it is to evidence emotional distress. Here’s why having a qualified truck accident attorney is essential:
- Understanding your rights. During a free consultation, a lawyer will explain your legal options following a truck accident.
- Gathering evidence. Lawyers understand how to collect evidence, even when there are no physical injuries.
- Dealing with insurance companies. Trucking insurance companies are experts at minimizing payouts. Your lawyer knows how to handle insurance companies without impacting your compensation.
If you’ve been involved in a truck accident but you weren’t injured, contact Karns & Karns Truck Accident Attorneys today for a free consultation.
