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May 29, 2026 | Truck Accidents
You can recover lost wages as part of the compensation you may receive after a big rig accident in Austin, provided you were not more than 50% responsible for the crash, as specified in Tex. Civ. Prac. & Rem. Code § 33.001.
A trier of fact will consider whether you bear some of the responsibility for the accident. If you do, your overall compensation, including recovery of lost wages, is reduced by your share of fault. For example, if you were 20% at fault, you can still recover 80% of your damages. An Austin truck accident lawyer can help explain how fault may affect your ability to recover lost wages.
Lost wages and loss of earning capacity are forms of compensatory damages that may be recoverable after a truck accident. Lost wages include past earnings and future wage losses. Calculations may be based on:
Loss of earning capacity is a separate category of damages. You can claim this form of compensation if you can’t return to work or will earn less due to disability or impairment caused by your injuries.
To support a claim for lost wages, you will generally need medical records showing you were unable to work. If you need to claim for future losses, you will need reports indicating your future outlook and whether you will face any long-term restrictions.
Apart from demonstrating that you were unable to work, you must produce evidence of your earnings. This could take the form of pay stubs and employer verification confirming your employment, rate of pay, and lost work time. If you are self-employed, your business accounts and tax returns serve as evidence.
If you’re unable to return to work after an accident or can only work in a lower-paying job, your attorney may use expert testimony to help estimate what losses you will suffer as a result. The calculation will take your age and what you might reasonably have expected from your career into account.
Liable parties are responsible for paying compensation, usually through their insurance. So, if a truck driver is found liable, their insurance may apply. If a trucking company directly employs a driver, the trucking company’s insurance usually pays any compensation you qualify for. Other parties may share fault, and their insurance policies may also apply.
A personal injury attorney in Austin can help identify which insurance policies may apply and whether more than one party may share fault.
If at-fault parties’ insurance policies don’t cover your losses, you may claim against any uninsured or underinsured motorist coverage included in your own insurance policy.
Claiming compensation after a big rig crash can be a complex process, and lost wages are only one category of damages you may be eligible for. Depending on the details of the crash, you may also be able to recover compensation for medical bills, pain and suffering, and other accident-related losses. Contact Bonilla Law Firm today at (512) 441-1111 to discuss your legal options.