Seeking Punitive Damages for Texas Trucking Accident Victims

While any trucking accident can have tragic consequences and can be a result of negligent behaviors, when the actions which caused the collision were deliberate, malicious or willful, punitive damages may be warranted. In other words, when an accident is not an accident but the result of a deliberate action on the part of the trucking company, truck driver, truck manufacturer, truck loading company or the company responsible for truck maintenance, the attorney may seek punitive damages on behalf of the victim. Punitive damages are intended to punish reckless or willful behaviors as well as to deter the same type of behaviors in the future. Some examples of behaviors which would warrant punitive damages include:

·         Falsifying driver logbooks so the driver could exceed the mandated hours of service

·         Drivers who use illegal drugs in order to remain alert and awake

·         Reckless driving behaviors such as weaving in and out of traffic, exceeding the speed limit or driving while under the influence

·         Trucking companies who attempt to conceal or destroy evidence which would show negligence on the part of the driver or trucking company following a truck accident

·         Trucking companies who show a deliberate pattern of safety violations

·         Truck drivers or trucking companies who knowingly drive with faulty brake systems or worn-out tires

·         Trucking companies who put drivers on the road who are inadequately trained

·         Trucking companies who neglect to perform proper background checks on their drivers

This is only a partial list of behaviors which could be considered reckless or deliberate, thereby warranting punitive damages. The primary cause of large truck accidents is fatigued drivers. In fact, over a third of all truck accidents can be directly tied to a driver who had been driving for too many hours. This level of exhaustion can lead to inattention, excess speed or a failure to compensate for inclement weather or congested traffic conditions.

Punitive Damages Increasing in Trucking Collisions

Punitive damages are becoming increasingly prevalent in trucking litigation due to the severity of injuries resulting from truck collisions. Early identification of facts which could sustain a claim of punitive damages is crucial to the overall litigation strategy. When assessing the potential of punitive damages, the judge and jury may consider the character of the defendant’s act as well as the extent of harm done to the plaintiff and the nature of that harm. The jury will also consider whether the defendant deliberately caused the harm. Many juries are hesitant to impose punitive damages on the trucking company for the conduct of the company’s employee (the truck driver).

Even so, if the truck driver was obviously unfit and the trucking company was reckless in the driver’s employment, juries may agree that punitive damages are warranted. Particularly when the trucking company was fully aware of their driver’s potentially dangerous habits yet failed to properly supervise that driver, punitive damages from the trucking company could be appropriate. This could occur when the trucking company knew the driver was exceeding the hours of service or knew the driver habitually used drugs in order to remain awake or alert. If you are the victim of a Texas trucking accident, a Houston 18-wheeler accident lawyer may be able to protect your rights and preserve evidence in your case.