Truck Accident Compensation: What Can You Claim?

You can usually claim economic damages (medical bills, future care, lost wages, lost earning capacity and property damage) and non-economic damages (pain and suffering, emotional distress and loss of enjoyment of life). Where a driver or trucking company acted recklessly, some states also allow punitive damages. What is available, and any limits, depends on the state where the crash happened.

There is no reliable average, because value depends on how serious the injuries are, your medical costs and lost income, how clear liability is, how many parties are responsible, and how much insurance is available. Interstate for-hire carriers of general freight must carry at least $750,000 in liability insurance under federal rules (49 CFR 387.9), and more for some hazardous materials, so more coverage is often available than after a car crash.

In most states, yes. Comparative negligence rules reduce your compensation by your share of the fault, and some states bar recovery only if you were 50% or 51% or more at fault. Alabama, Maryland, North Carolina, Virginia and Washington, D.C. use contributory negligence, where any fault on your part can bar recovery.

Some states cap non-economic or punitive damages, and the limits and exceptions vary widely. Claims against government bodies, for example over a dangerous road, often have lower caps and much shorter notice deadlines. Your state's rules decide whether any cap applies to your case.

Under federal tax law, damages received for personal physical injuries are generally not taxable income (Internal Revenue Code section 104(a)(2)). Punitive damages and interest are generally taxable. Check your own situation with a tax professional before you settle.

Every state sets its own statute of limitations for personal injury, most commonly two or three years from the accident, and some are shorter. Claims against a government entity can require formal notice within months. Missing the deadline usually ends the claim, so check it early.