Posted by Gurjit Srai In Truck Accident February 10, 2023 0 Comment

Crashes involving trucks, especially big rigs and tractor trailers, almost always involve some type of serious injuries. Despite what most people think, truck drivers can also get seriously injured in a truck accident. Just because they are in a bigger vehicle, it does not mean they are shielded from injuries in the event of a collision, especially when the other vehicle is also a truck.

Truckers who own their own trucking company and get injured in a crash caused by another party, may be entitled to monetary compensation, especially for the work lost while their truck is being repaired. 

“Downtime Claim” for Injured Truckers

Truckers who have been injured in accidents caused by another party may be entitled to a special type of claim known as a “downtime claim.” A downtown claim provides reimbursement/compensation for truckers who have lost income while their truck is being repaired in a crash. These types of claims are similar to business interruption insurance. 

It is important to understand what a downtime claim is and whether or not you might qualify for this type of coverage. An experienced Stockton truck accident attorney can help explain this type of claim in detail and help you get obtain the full compensation that you are entitled to after a truck accident.

Calculating a Truck Accident Downtime Claim  

If your attorney determines that you qualify for a downtime claim, the first step you should take is to calculate the extent of your damages. To do this, you must first look at your gross income, which is generally based on the number of days you lost from work, ranging from 90 days to one year. You will need to take your gross income and subtract all of your expenses from it, such as gas, tolls, and any required maintenance for your vehicle.

The next step is to divide this amount by the number of days that you choose to calculate your profit from. The total will be your daily net income, which is also the number of your daily losses for each day you cannot use your truck to work.

How to Prove Your Downtime Claim Damages

Once you and your Stockton truck accident lawyer have calculated the amount of damages you are entitled to as part of your downtime claim, you will back up this amount with the proper documentation. Below are some documents that are commonly used to prove downtime claim damages in truck accident cases:

  • The accident report to prove that you were not at fault for the accident
  • Any insurance settlements you receive from the accident
  • Tax returns, invoices, billing statements, and profit and loss reports to help you prove and substantiate your lost income
  • Repair estimates and bills for your truck
  • Any attempts to mitigate your damages

Contact an Experienced Stockton Truck Accident Attorney

If you or a loved has been injured in a truck accident caused by the negligence of another party, you should discuss your legal options with an attorney as you may be entitled to compensation. 

The Stockton truck accident attorneys at the Srai Law Offices advocate for their clients’ full financial recovery through hard work and an aggressive approach. For more information or to schedule a complimentary consultation with one of our attorneys, please call (209) 323-5558.