Can I Sue for Lost Wages After a Truck Accident?

April 3, 2025 | By Colombo Law

The injuries from a truck accident may prevent you from working. In severe cases, you may be left permanently disabled and unable to return to your former employment—or work in any capacity. Loss of income is extremely common in the aftermath of a big rig collision, which is why it is crucial to account for all lost wages after a truck accident.

At Colombo Law, our in-depth knowledge of trucking accident claims gives us keen insights into the damages that may be recovered. We seek maximum compensation for our clients. This includes the wages and income you have lost to date, as well as your future earnings.

Find out if you can sue for lost wages after a truck accident and what other damages you may be due. Call Colombo Law at 304-599-4229 today for a FREE case review. Our truck accident lawyers serve clients in and around Morgantown and throughout West Virginia.

What Are Lost Wages?

As the name implies, lost wages are the wages you lose as a result of an accident. If you are hit by a truck and you can’t work for 3 months while you are recovering, you may be entitled to compensation for the 3 months of income you lost. To recover these lost wages, you will need to prove that someone else (like the truck driver) was at fault. This may involve filing a lawsuit.

Of course, the damages you may be entitled to after a truck accident are not limited to lost wages. Medical expenses likely account for a majority of your losses. Without an income, it can be difficult to pay medical bills and other expenses. A knowledgeable truck accident lawyer will account for all damages and pursue the compensation you deserve.

Calculating Lost Wages After a Truck Accident

Lost wages after a truck accident can take different forms depending on the nature of your employment. You may be entitled to recovery regardless of how you’re paid. This may include:

• Hourly wages
• Income from salary
• Tips, bonuses, and commissions

There are several different ways to calculate lost wages in a truck accident claim.

Hourly Workers

If you are an hourly wage earner, calculating lost wages is relatively straightforward. All you have to do is figure out how many hours of work you missed, and multiply that by your hourly wage. Paystubs can support your claim by showing the number of hours you worked per week prior to the truck accident.

Salaried Workers

There are two ways for salaried workers to calculate lost wages after a truck accident. First, you can pull up pay statements to see your regular income. Compare this to the time you’ve missed since the truck accident, and you’ll see how much you’ve lost in wages. Second, you can calculate what you’re paid hourly by taking your salary and dividing it by the number of times you’re paid per year. Divide this number by the number of hours you typically work, and you will get your hourly rate (which can then be applied to the number of hours you’ve missed).

Self-Employed, Gig Workers, Independent Contractors, Etc.

If you are self-employed, take on gig work, are an independent contractor, or work on commission, you may not have a “regular” income. Your hours may vary and what you’re paid (and how often) may be subject to change. Financial records such as tax returns, invoices, etc. can help to establish your income, working habits, and billing practices. All of this information can support a claim for lost wages following a truck accident.

Sick days, vacation days, and paid time off may provide you some income while you are unable to work. However, these benefits are typically limited, and they are not available for all workers. It is vital to explore all avenues for obtaining compensation for lost wages and other economic damages after a truck accident.

Factors That Can Affect a Claim for Lost Wages

Lost wages don’t solely refer to the income you are forced to go without. A truck accident can affect your earnings in many different ways. In addition to the income you have lost to date, it is important to account for factors such as:

• Any out-of-pocket expenses for medical care that would usually be covered by your employer health plan
• Seasonal, overtime, or holiday pay (if applicable)
• Gratuities, bonuses, and other types of performance-based compensation
• Penalties for uncompleted work
• The difference in pay if you are able to work part-time or take on a different, lower-paying role during your recovery

In West Virginia, comparative fault can also affect your right to compensation. The damages you would otherwise be able to recover for personal injury are reduced according to your percentage of fault. For example, if you have $10,000 in lost wages after a truck accident and you were 10% to blame for the crash, you would only be entitled to $9,000 in lost wages. It is important to note that you can still make a claim for damages as long as your share of fault is less than that of the defendant(s).

No two truck accident cases are exactly alike. Your unique circumstances need to be taken into account to assess your right to lost wages after a truck accident.

What Is Loss of Earning Capacity?

Truck accidents often result in catastrophic injuries. Victims may be in for a long and difficult recovery, during which they are unable to work. Sometimes, the injuries from a truck accident can result in permanent disability that makes gainful employment impossible.

In addition to lost wages, you may be entitled to compensation for loss of earning capacity after a truck accident. Loss of earning capacity refers to the wages you would have earned had it not been for the negligence of a truck driver and the other parties responsible.

The value of future wages can be difficult to calculate. After all, nobody can tell the future. Experienced truck accident lawyers evaluate a number of different factors to determine damages for loss of earning capacity, including:

• Paychecks, tax returns, and other documentation of your current wages
• Your work history, including education, training, certifications, etc.
• Performance reviews and other records showing your potential career trajectory
• The nature of your work and your employment responsibilities
• Your age and expected duration of employment
• Options for alternative employment, if applicable
• How your injuries impact your ability to work (for example, can you work part-time?)

Testimony from expert witnesses is often critical for establishing loss of earning capacity. Qualified experts can testify as to the seriousness of your injuries, what they mean for your ability to work, and how your finances are likely to be affected.

Get Help with Your Truck Accident Claim

Colombo Law has been a leader in truck accident litigation for more than 25 years. We understand the terrible toll these crashes can take on people’s lives. Our lawyers are committed to holding truck drivers, trucking companies, and other negligent parties accountable.

After a truck accident, you may be entitled to lost wages and other damages. Unfortunately, defendants and insurance companies often dispute legitimate claims. It may be necessary to file a lawsuit to obtain fair compensation for lost wages after a truck accident, as well as your other losses.

Unlike many firms, Colombo Law prepares every case as though it will go to trial. This gives us an advantage in settlement negotiations and, if necessary, helps us advocate for you in the courtroom.

Hurt by a Truck?™ Contact Colombo Law for FREE today. We represent truck accident victims all over West Virginia from our law offices in Morgantown.