Do You Smoke? It Could Affect Your Truck Accident Claim

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Some transportation companies make a great deal of money. These companies will do everything in their power to protect their earnings, even if that means undervaluing your accident claim. Unfortunately, if you're an accident victim who smokes, this lifestyle factor sometimes makes it easier for these companies to go about accomplishing this goal. Learn how smoking can affect your truck accident claim.


When the case file for your accident comes across the desk of the transportation company's attorney's desk, the first thing he or she will look for is the cause of the accident and the cause of your injury. 

Take a collision with a truck in which the victim's vehicle catches fire. In some instances, the burning materials and chemicals can fill the cabin of the car with smoke. Depending on how long it took to rescue the individual from the vehicle, they could suffer smoke and scarring damage to the lungs. 

The problem arises when the victim is a smoker since smoking can cause the same type of damage. If the attorney team can find any way to minimize the accident's blame for this condition, it will lower the value of the claim. In a state with contributory negligence, even a small amount of blame can drastically affect the settlement.

Aggravated Negligence

One of the important factors to remember about a trucking accident claim is the fact that you are essentially on trial until your settlement agreement has been signed. Everything the victim does while their claim is still processing can impact the outcome of their claim, including smoking. 

Smoking affects the body's ability to heal. When you smoke, the amount of oxygen in your blood decreases, which in turn causes your blood to thicken. The thicker the blood, the harder it is for it to reach the injured parts of your body. Without proper blood flow, the healing process is significantly delayed. 

The attorney on the other side can argue that because the victim continues to smoke, they are slowing down the rate at which they are able to recover. This type of behavior could result in a label of aggravated negligence and lower the value of the claim.

Whether you use tobacco products or not, it's a good idea to speak to an attorney to discover whether or not you have any underlying medical conditions or lifestyle factors that might impact your case.

To find a trucking accidents lawyer or to get more information on these types of cases, contact a local resource.