Civil Law: Can a Truck Accident Lead to Punitive Damages?

Individuals involved in a truck accident frequently receive the right to seek punitive damages. Truckers and their employers must be held accountable for their actions, and many states allow for this type of recovery. When the plaintiff wins the case, the award often increases significantly thanks to these damages. What should one know about seeking punitive damages in a truck accident?

What Are Punitive Damages?

Punitive or exemplary damages occur in those cases where the court penalizes the defendant or defendants for their actions which were particularly egregious. The plaintiff must prove their claim to receive these damages, and this becomes difficult at times. When the court feels the awarding of punitive damages will reform the defendant and ensure the victim receives fair compensation for the injuries sustained, it permits punitive damages. Victims may visit lawboss.com for more information on whether a case qualifies for punitive damages.

Courts typically award punitive damages in cases where a person suffers catastrophic, severe, or fatal injuries. This includes a traumatic brain injury or an injury to the spinal cord, as these types of injuries remain with the individual for life. General and special damages typically fail to cover the high costs of the care needed for an injury of this kind. The punitive damages ensure the victim receives proper compensation to cover care for the victim now and in the future.

When Can a Request for Punitive Damages Be Made?

Victims retain the right to seek punitive damages when a defendant acts in a reckless, grossly negligent manner or intentionally harms the plaintiff. To prove this, a person must provide clear and convincing evidence to this effect. This remains the highest burden of proof when it comes to civil lawsuits. For instance, when a defendant commits the act because he bore ill will toward the victim and the plaintiff successfully proves this, the court awards punitive damages. When it comes to truck accidents, drunk or drugged driving, distracted driving, and texting and driving accidents, the court allows a victim to request punitive damages. Additionally, the trucker's employer might be required to pay punitive damages if the victim shows it contributed to the accident in any way, such as requiring the driver to continue on the road above the permitted hours.

Caps on Punitive Damages

States determine whether a cap must be placed on punitive damages. Victims must learn the law in the state where the accident occurred. An attorney can be of assistance in determining what the state where the accident occurred permits in terms of punitive damages. For example, punitive damages in the state of Texas fall under the Texas Damages Act, a law that limits punitive damages to twice the amount awarded in economic damages plus the amount awarded for non-economic damages. However, Nebraska typically doesn't allow punitive damages.

Speak to an attorney whenever you have been involved in an accident involving a truck. The attorney works to ensure your rights are protected as the case moves forward. In addition, the attorney knows the law and works to ensure the victim gets the maximum compensation possible. Victims cannot be too careful when it comes to obtaining compensation because medical bills and other expenses directly related to the accident quickly add up and increase the stress associated with the event. The parties responsible for the accident need to be held accountable, and the attorney works to ensure they are.