Can You Claim Punitive Damages After a Truck Accident?

Given the massive size and weight of tractor-trailers, the aftermath of an accident is usually very serious. Occupants of smaller vehicles suffer some of the most traumatic injuries including traumatic brain injuries, spinal cord fractures, paralysis, and chronic pain. Many people require multiple surgeries afterwards, which not only have long and painful recovery times, but that also incur high medical bills.

If you have been hurt in a crash, you may be able to file a claim for compensation against the negligent party. There are many different types of damages available in these claims, including punitive damages. Below, our San Antonio truck accident attorney explains in further detail.

Compensatory Damages After a Truck Accident 

Truck accident claims are meant to compensate you for all of the losses you sustained during a crash. Compensatory damages are divided into two different categories: economic and non-economic damages.

Economic damages are meant to compensate you for the losses you sustained that have an actual dollar value. These include medical expenses, lost income, loss of earning capacity, and property damage. Non-economic damages, on the other hand, do not have a concrete dollar value. These losses include pain and suffering, mental anguish, physical impairment, and loss of enjoyment of life.

The vast majority of truck accident claims include both economic and non-economic damages. However, punitive damages are different, and they are rarely awarded.

Punitive Damages After a Truck Accident 

Unlike compensatory damages, punitive damages are not meant to compensate you for the losses you sustained. Instead, they are only awarded when a truck driver, trucking company, or other negligent party acted with great malice or recklessness. Punitive damages are meant to punish the negligent party and to deter them from behaving in a similar manner in the future.

For example, if a truck driver improperly changes lanes or fails to yield the right-of-way to another driver, that likely would not warrant punitive damages. However, if a trucking company hires a driver with a history of DUIs, and that driver causes a drunk driving accident, punitive damages may be justified. This is because impaired driving is always a significant risk to public safety.

When punitive damages are awarded, it is also important to understand that there are caps, or limits, an accident victim can receive. These caps are the greater of:

• Twice the amount of economic damages plus the amount of non-economic damages, or
• $200,000

The amount of punitive damages awarded is decided by a judge or jury.

Our Truck Accident Attorney in San Antonio Can Value Your Case 

After a truck accident, you will incur many different types of losses. As such, there may be many different types of damages you can receive. At the Law Office of Israel Garcia, our Canyon Lake truck accident attorney can review the facts of your case and accurately value your claim so you obtain a fair settlement. Call us now at 210-LAW-9999 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help.

Source:

statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm#41.001