Knoxville Injured Truck Passengers

It is quite often that an employee will be riding with a co-worker when a wreck occurs. The circumstances of the collision will ultimately affect the injured passenger’s right to recover damages for any injuries and losses sustained as well as what legal action one should take following a truck crash. In order to fully understand one’s situation as a passenger injured in a trucking collision, one should hire a skilled truck accident law firm in Knoxville with extensive experience in trucking litigation.

For example, you would likely obtain recovery via a workers’ compensation claim if your co-worker rear-ended another driver while traveling on an interstate highway in Knoxville, such as Interstate 40. However, if the accident was the fault of the other driver, you can assert a third party claim against the other driver in addition to filing a workers’ compensation claim through your employer’s insurance. You may also be able to assert claims for negligence against the owner of that vehicle as well if, for example, the owner of the vehicle negligently entrusted his or her vehicle to a driver whom he or she knew was unfit to drive.

Workers’ compensation and truck accident cases will have different standards of liability and elements of damages, making it critical to consult with a personal injury lawyer in the Knoxville area who can advise you of your rights. For instance, proving negligence will be crucial in a third party auto accident case. However, for a workers’ compensation claim, you will need to show that you were injured during the course and scope of your employment. Regarding damages, lost wages will differ among the two cases, and pain and suffering is not a category of Tennessee workers’ compensation benefits. A skilled lawyer can help guide you in the right direction through the duration of your case.

After liability has been established, you can focus on the damages aspect of your case. In a third party claim, injured truck passengers can recover compensatory damages, depending on the nature and severity of their injuries and losses. Compensatory damages can normally be broken down into two types of damages: economic and non-economic damages. For monetary losses, such as past and future medical bills, lost wages, and lost earning capacity, you may be awarded economic damages. Non-economic damages, on the other hand, attempt to quantify the intangible losses, including loss of enjoyment of life, loss of consortium, pain and suffering, and disfigurement.