Truck accidents are some of the most catastrophic incidents on California’s highways. With their size and weight, the consequences of a collision can be devastating.
Compensatory damages for medical bills, lost wages, and pain and suffering are designed to help victims recover. However, there are situations where California law allows punitive damages to be awarded. These awards punish the wrongdoer in the hopes of deterring similar conduct in the future.
When are you eligible to receive punitive damages in a truck accident case? We will look at the situations that could lead to these additional damage awards.
Punitive Damages Are Different
These exemplary damages serve a different purpose than compensatory damages. They are not meant to reimburse the victim. Instead, they are used to penalize the defendant for extremely egregious or reckless behavior.
In the Golden State, punitive damages are detailed in California Civil Code § 3294. Under the law, you must have clear and convincing evidence that the defendant’s actions demonstrated malice, oppression, or fraud.
Here is a breakdown of these elements:
Malice
With this, the trucker’s conduct intended to cause injury, and their actions were carried out with a willful and conscious disregard for the safety of others. Some examples might include:
- Driving under the influence of alcohol or drugs
- Excessive speeding in a densely populated area
- Knowingly driving with defective brakes or tires
Oppression
This refers to actions that subject a person to cruel and unjust hardship. Many times, this is committed by a trucking company or owner. This involves knowingly disregarding the well-being or rights of others in a way that causes harm. For example, a company forcing a truck driver to operate beyond federally mandated hours of service could be an instance of oppression. Also, falsifying maintenance records to keep a truck on the road despite known safety hazards is another example.
Fraud
These actions involve intentional misrepresentation or deceit. While less common in truck accident cases, this could involve a trucking company falsifying driver logs to avoid liability or concealing that a driver lacked proper licensing or training.
What Could Lead to Punitive Damages?
Certain behaviors by truck drivers or trucking companies are more likely to result in punitive damages. These include:
Driving Under the Influence (DUI)
If a truck driver causes an accident while impaired by alcohol or drugs, the courts may find that their conduct demonstrates a willful disregard for public safety. DUI in commercial trucking is considered egregious since there is a higher potential for casualties.
Reckless Driving
Excessive speeding, aggressive lane changes, or running red lights can establish the basis for punitive damages. These actions show a blatant disregard for the safety of other motorists.
Violating Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) establishes strict rules for truck drivers. This includes:
- Limits on driving hours
- Mandatory rest periods
- Vehicle maintenance requirements
If a trucking company pressures drivers to violate these regulations, they could be liable for punitive damages.
Negligent Hiring or Supervision
Trucking companies must make sure their drivers are qualified and properly trained. Hiring someone with a history of DUI or reckless driving or failing to conduct routine safety checks may be considered grossly negligent behavior. These actions can lead to punitive damages.
Covering Up Evidence
In some cases, trucking companies attempt to destroy or falsify evidence. They might tamper with black box data or shred maintenance logs. These actions could support a claim for punitive damages.
Proving These Damages
Unlike compensatory damages, these require a higher standard of proof. Your legal team must present strong, compelling evidence that the defendant’s actions were not just negligent but egregiously reckless or intentional.
Your attorney may have to use the following to establish these claims:
- Police reports
- Witness testimony
- Electronic logging device (ELD) data
- Maintenance records
- Surveillance footage
Pursuing punitive damages in a truck accident case can be difficult. Trucking companies and their insurers have plenty of resources and aggressive legal teams working to protect their interests.
When you work with an experienced truck accident lawyer, they can analyze all the evidence to determine whether you have a claim to seek punitive damages.
Keep in mind that a judge or jury awarding these damages is not common. And these awards are only granted under very specific circumstances.
For that reason, you will want to work with a skilled lawyer who can assist during this time. At Frost Law Firm, PC, we are here to offer our legal help. If you believe that you could qualify for punitive damage, you may want to talk to us and learn your legal options.
