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Can You Seek Punitive Damages After a Trucking Accident?

Friday, May 08, 2020

If you have been in an accident with a truck, it was likely a major accident. As trucks are often of a significant size and with a lot of power behind them, few regular drivers come out unscathed from such an accident. If you have had to endure this accident, you will be entitled to compensatory damages. This monetary amount is meant to make you whole, as if the accident has never happened. This means your medical bills and auto damages will be covered so you aren't left paying any bills. However, in certain circumstances, you may have another form of compensation available to you – punitive damages.

Punitive damages are much like how they sound – they are compensation meant to punish the wrongdoing party for their negligence. However, your entitlement to punitive damages is not guaranteed after a trucking accident. As the saying goes, accidents happen. When it is indeed a true accident, the courts find no reason to punish either party. However, if the accident was caused maliciously, intentionally, fraudulently, or recklessly through the actions of the truck driver or company, this opens up the option for punitive compensation.

When Can You Receive Punitive Damages From a Truck Accident?

In many circumstances, a truck accident is just a more dramatic auto accident. However, if you discovered there was various other factors at play in the accident, you could seek punitive compensation. Solid examples of truck accidents open to punitive damages include:

  • Drunk Driving – If the truck driver was under the influence of drugs or alcohol, they were not only acting illegally, but recklessly. As the acceptable BAC level for CDL drivers is even lower than the standard .08 percent, any drinking is likely to build a strong case for reckless driving.
  • Destroying Evidence – The issue with seeking punitive damages is that you will need to provide evidence that there was malicious, fraudulent, intentional, or reckless action. This can be difficult when a trucking company is circling the wagons to protect themselves. If the truck in the accident just happened to be missing its black box or various maintenance records are missing, there is some fraud going on.
  • Regulation Violations – This can be the most difficult circumstance for punitive damages to prove. In this situation, you would need to prove that a company forewent various regulations on purpose and not just on accident. If there is a long record of non-regular maintenance, for example, this can help. However, one missed maintenance appointment can be a weak case.
  • Employment of Unsafe Drivers – It is a company's responsibility to do background checks on their drivers to ensure proper driving history and one without any red flags for substance abuse. If a trucking company employed a driver with a long history of DUIs, this was just asking for an accident to happen. They failed to do their due diligence when hiring a driver when, if they had, the accident may have been prevented.

If your accident with a truck falls into these circumstances or others that are equally as fishy, your compensation options are not only limited to medical bills and auto damages, but can include damages that serve to punish the company as well. However, it will require gathering the proper evidence of wrongdoing first, something that can be quite difficult to do if you are trying to navigate these legal waters on your own.

 If you have been in a truck accident and want to see what your options for compensation are, contact us today. The Law Office of Freeman & Freeman is dedicated to helping you become whole after serious and traumatic accidents.


Can You Seek Punitive Damages After a Trucking Accident?

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