Punitive Damages In Trucking Accidents

Truck crashes are among the most severe types of accidents. When a truck collides with a passenger vehicle, severe injuries and fatalities are common. When a truck driver or trucking company is negligent in a crash, they are responsible for all damages resulting from the collision. Your damages may include your medical expenses, money for pain and suffering, and reimbursement for lost wages. In New York, the law limits the amount of money you can recover in a personal injury case in a few situations.

Punitive damages are only awarded in cases where there was gross negligence. Punitive damages are meant to punish the offender and deter them from committing the action again in the future. In New York, the punitive damage award cannot exceed specific limitations. In general, the amount of punitive damages cannot be higher than two times the economic damages plus the amount of non-economic damages.

The total cannot exceed $750,000. In medical malpractice cases, you may sue for all your economic damages with a cap on non-economic damages. The total recoverable damages are $500,000. Claims against governmental entities have a limit of $100,000 per person and $300,000 in a single occurrence.

Every case is different and has a unique set of facts. Your attorney will review your accident to determine the best way to proceed. Many personal injury cases are settled before they go to trial. A truck accident attorney in Houston will work on your behalf to gather evidence and negotiate a fair settlement. Only if a settlement cannot be reached will the matter proceed to court.

After any motor vehicle accident involving a commercial truck, it is important to immediately begin taking steps to investigate the accident, prevent spoliation of evidence (including black box data and driving logs), interview witnesses, and identify all parties involved. Potential defendants in a truck accident case could include the driver, his or her employer, and either a parent company or subsidiary of the employer, depending on the facts conducting a thorough investigation will assist in developing the case and preparing a lawsuit, if necessary.

Accidents with big rigs often result in severe injuries to the other drivers and passengers. Some of the most common injuries include traumatic brain injuries, head and back injuries, whiplash, broken bones, cuts and bruises, burns, and puncture wounds. Some severe injuries may be life-threatening, and the recovery may be lengthy and painful. The driver or trucking company may be found negligent in causing the accident. If you were hurt due to the negligence of another, you might be entitled to compensation for your injuries. You may be owed money for your medical bills, lost wages, pain and suffering, and more.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights