Damages you can claim from Penske after a rental truck accident in North Carolina include your medical bills, lost work income, and other losses. However, your ability to make a claim against Penske depends on what kind of vehicle hit you and who was driving it at the time.
Penske rents many trucks, so the culpable party might not be employed by the company. In these cases, you may have to file a claim against the driver’s insurance policy, not the company’s liability coverage.
A Penske truck accident lawyer in Charlotte can walk you through the unique legal contours of rental truck accidents and identify potential sources of financial compensation.
When Can Penske Be Liable for a Truck Accident?
Rentals are a large part of Penske’s business model, so many of their trucks are driven by renters with little to no professional experience driving trucks. However, they also employ a full-time fleet of drivers.
This leads to basically two types of Penske truck accidents. Who you file a claim against depends on whether or not the driver was a company employee or a renter.
If the Driver is an Employee
If the driver of the truck is an employee, then you would likely be able to file a claim against Penske through the legal doctrine of vicarious liability. Under vicarious liability, employers are generally liable for the negligent acts of their employees.
If the Truck is a Rental
If the truck is driven by a renter, then you will most likely file a claim against the individual driver. Penske offers insurance for renters, but they can also opt to use their personal auto policy for coverage instead.
For a free legal consultation, call (877) 333-1000
Damages You Can Claim After a Penske Truck Accident in NC
Compensation from personal injury claims is called “damages” and can be split into several types. There are three types of damages you can claim from Penske after a rental truck accident in North Carolina. The different types of damages address specific losses and provide redress to the victim for the offender’s behavior.
Economic Damages
Economic damages include compensation for injury-related losses that have an explicit dollar amount. A Charlotte truck accident lawyer can keep track of all of your injury-related expenses to calculate an appropriate figure for demands.
Below are some of the most common types of losses that economic damages address:
- Medical bills. Compensation for medical bills includes money for all emergency medical expenses.
- Lost income. A Penske truck accident settlement can also make up for the money you lost by missing work, which includes regular salary/hourly pay, overtime, bonuses, and commissions.
- Property damage. Damages for property destruction after a truck accident would include vehicle repair/replacement costs.
- Miscellaneous injury expenses. Your attorney can also reclaim money you spent on other injury expenses, like childcare, housekeeping, alternative transportation, home modifications, etc.
To claim economic damages, you must present receipts as proof of your expenses. Insurance companies will likely dispute claimed expenses if you don’t have a record of that transaction.
Non-Economic Damages
Non-economic damages consist of compensation for any psychological and intangible losses you suffered due to the accident. These are losses that lack a definite monetary value but still impact your quality of life and mental well-being. Some examples include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Reduced capacity to enjoy life
- Loss of consortium, guidance, and care
Typically, your non-economic damages are calculated based on your economic damages. Unlike some states, North Carolina doesn’t have a statutory cap on non-economic damages.
Punitive Damages
Economic and non-economic damages are collectively called compensatory damages because they exist to compensate you for losses. However, you may also be able to recover punitive damages. In contrast to compensatory damages, punitive damages serve to punish the offender for egregious behavior.
North Carolina allows punitive damages if you can prove with clear and convincing evidence that the offender engaged in one of the following behaviors:
- Malice. The offender acted with the explicit intent to cause you harm.
- Fraud. The offender used intentional deception to try to conceal their behavior.
- Willful or wanton conduct. The offender displayed a reckless disregard for your safety.
North Carolina law caps punitive damages at $250,000 or three times your compensatory damages, whichever is greater.
Contact Our Rental Truck Accident Lawyers if You Have More Questions
DeMayo Law Offices has been serving North Carolina for over 30 years with our brand of comprehensive legal services. We have substantial experience managing rental truck accident claims and can help maximize your compensation after a collision.
Contact our offices if you still have further questions about the damages you can claim from Penske after a rental truck accident in North Carolina. We are available 24/7, so you’ll have access to a knowledgeable attorney to answer your questions.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
