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1 800 HURT 511

The Sanders Law Firm

Compensation For Trucking Accidents

If someone else causes you to get hurt or suffer losses, all states have laws that allow you to get reimbursed, or “made whole.” These are known as compensatory damages, and they are designed to put you in a place as if the accident never happened in the first place. While most people would prefer to turn back time and never have to be involved in a wreck in the first place, we know that is not possible. That is why financial damages are the recourse, under New York personal injury laws.

In some situations, lawmakers have determined that compensatory damages are not enough. Instead, a plaintiff can obtain a different class of damages that serve a different purpose. These are known as punitive damages, and they are designed to punish the at-fault party for his/her conduct. Punitive damages are important to consider in truck accident cases, especially when injuries are severe and permanent.

Note that the legal standard for obtaining punitive damages, clear and convincing evidence, is different than the standard needed to prove negligence, which is a preponderance of the evidence. This is because punitive damages are designed as punishment against a bad actor – they are reserved for egregious conduct and are issued to put others in the community on notice that such conduct should not and will not be tolerated.

As noted above, punitive damages are reserved for the most egregious of conduct. The purpose of awarding these damages is to punish wrongdoing and tell others that we, as a community, will not stand for reckless or fraudulent conduct.

Driving under the influence of alcohol or drugs is an easy example of recklessness. All drivers should know it is illegal. Under New York State law, you can be charged with DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher. For interstate truck drivers with a CDL, the established BAC level is 0.04% per the Federal Motor Carrier Safety Administration (FMCSA).

Interstate truck drivers must follow various guidelines on topics like truck maintenance, training, and hours of service. For example, hours of service regulations are designed to limit the number of consecutive hours in which a driver may work, in order to limit and reduce driver fatigue.

What happens if one of these rules were broken, and they were done so intentionally? What if management specifically instructed drivers to drive as many consecutive hours as the possibly could, even if that meant breaking the hours of service rules? Instructions like these could meet the intentional standard.

The fraudulent standard of care could be triggered by fraud or the knowing destruction of evidence. Assume you get into an accident and hire a truck accident attorney in Knoxville to begin fighting for your rights. One of the first steps should be to send a spoliation of evidence letter to the truck company and their insurer to demand preservation of relevant evidence, like dash cam footage or black box data.

Assume they receive your letter and know the evidence is not in their favor, but in an effort to limit their liability, they immediately destroy these sources of evidence, which causes the data to be lost forever. In this situation, you can seek sanctions for purposely deleting critical evidence.

A HURT-511 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 and Woodlawn.

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From Our Clients

Stephanie De La Cruz
quote

I was an UBER passenger and the car got rear-ended by a utility van. I called 1-800-HURT-511 since a friend dealt with them before and I was glad I did. My attorney was extremely professional and aggressive when necessary. He was transparent from the start and didn’t complicate things unnecessarily.

Stephanie De La Cruz
Jordan Barnes
quote

Serious team effort from the entire staff to get my work injury case resolved quickly. They built a strong case and kept me in the loop for the duration. This team also delivered on two previous occasions and did it in a very cost-effective way. A faithful customer for life thank you!

Jordan Barnes
Kevin Diaz
quote

I highly recommend HURT-511! When the insurance companies turned me away after a scary scooter accident that nearly killed me, a lawyer at HURT-511 stayed and fought for me and recovered the entire policy! Their staff is well-informed and always available to answer my questions. They treated me like one of their own and I made the right decision to stick with them. Thank you so much!

Kevin Diaz
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  • QUEENS OFFICE

    163-07 Depot Road, Suite 101
    Flushing NY 11358

    104-70 Queens Blvd., #501
    Forest Hills NY 11375

  • BRONX OFFICE

    2932 Wilkinson Ave,
    The Bronx NY 10461

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    Brooklyn NY 11235

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    Mineola NY 11501

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    Garden City NY 11530

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    Hallandale, FL 33009

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