Question: My son was hit by a semi truck driver head on. The state patrol said it was the semi driver’s fault because he swerved into my son’s lane. We think the semi driver fell asleep at the wheel, but we are not sure. My son’s brain was “bruised” and he is in a coma. In a few days, his doctors are going to take him off anesthesia so they can test his brain waves. Right now the doctors say he will have permanent brain damage. He has a lot of other problems, like broken legs, a lot of fractures. If my son has permanent brain damage, what are his legal rights? How do we get enough money to take care of him for the rest of his life?
Answer by Attorney Eric Hageman: In cases where a semi truck driver is at fault for a traffic accident, the accident victim has the legal right to sue for compensation, including hospital and other medical costs, lost wages (money lost because the victim can’t work), pain and suffering, disability, disfigurement (for example, in one case, one side of our client’s head was crushed), and other lawful damages. The amount sought in a lawsuit should also include expected future expenses, income loss and pain and suffering. In cases where there is severe brain damage, these future expenses are critical because we want our clients and their families to have the money needed for lifelong care.
In most accidents caused by a semi truck driver, there are others that can also be sued for compensation, including the employer of the driver, the owner(s) of the semi tractor and trailer and/or the owner of any freight being hauled.
In some cases, the victim and his or her family can sue for “punitive damages”, an amount of money meant to punish a wrongdoer. In many personal injury cases, a semi truck driver is required to follow federal regulations limiting the amount of time he or she can be driving the rig. This is to prevent accidents where the driver falls asleep at the wheel or is just too tired to use good judgement. I always look for evidence to determine if the driver violated these regulations.
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