Under Which Circumstances Truck Accident Victim Eligible to Claim for Punitive Damage?

Every 15 minutes in the US, a truck accident claims a life or imparts life-threatening injury. In fact, over 500,000 accidents occur each year with around a staggering 5000 of those fatal.

A huge chunk (nearly 70%) of America’s cargo shipping involves a truck. The massive rise in demand accompanied by inadequate supply has led to trucking companies and drivers cutting corners and disregarding safety concerns. Complying with such negligence, the industry has become notoriously prone to accidents.

Did similar misfortune befall you or your loved ones? A truck accident lawyer should be able to help you navigate these dark waters.

What Does Punitive Damage Mean?

Punitive damage pertains to the circumstance where the defendant (truck driver or trucking company) is found guilty of willful misconduct or gross negligence. In such cases, the offender is required to pay beyond the compensatory damages. Punitive damage is designed to ‘punish, penalize, or deter’ the defendant.

What Decides If Punitive Damage Are Applied?

The court considers the following factors before deciding if the defendant should have to pay punitive damage -

• Severity

The seriousness of the accident is a prime deciding factor for the court. If the accident is fairly minor, punitive damage might not be applied.

• Length of Time of Misconduct

Once the police have arrived at the scene, they will question both the drivers. If they appear to be uncooperative and resist the police, it is likely that the court will take this into consideration.

• Conscious Wrongdoing

The legal body investigates whether or not the defendant consciously participated in the wrongdoing.

• Response

The accused’s response following the accident can be telling of the fact if they were aware of committing the crime. The court seeks help from the police and first responders to glean information on this.

• Concealment

If the defendant is found to have tampered with evidence or made any attempt to misguide the legal body, punitive charges are applied.

• Financial Condition

And lastly, the court is also going to look into the defendant’s financial condition to determine if punitive charges should be applied.

An Example of Punitive Punishment

Darell Minter Vs. Great American Insurance Company of New York

An 18 wheeler truck driver had collided with another vehicle. The driver was found to be intoxicated during the accident. Prior to that, he already had 2 DWIs on this record. The jury awarded $2.67 Million in compensation and $1.6 Million in punitive damages.

Additional Information

Understand that punitive punishment is one of the more open-ended sides of law. It is rather difficult to discern the obvious from more complex facts.

A driver is charged with punitive punishment if he is found guilty of negligence and blatant violation of rules. These include driving under the influence, texting while driving, driving without headlights, etc.

A trucking company on the other hand is responsible for insufficient training, careless vehicle maintenance, having truckers work unreasonably long hours (resulting in fatigue), and disregarding other safety regulations.

We Will Help You

At Chiaf Law Offices, Oklahoma City we are dedicated to serving justice. 60 years and counting we have extended legal help to those in need. Accidents can take a lot out of someone, mentally and physically. Let our truck accident lawyers aid you in your times of need. Schedule a free, no-obligation consultation with us.

**This content is not legal advice and does not presume, establish or imply any relationship between client and attorney.