When Might You Be Eligible to Receive Punitive Damages in a Truck Accident Case?
“Two killed in three-vehicle crash outside of Pittsfield on Tuesday night on Illinois Route 106”
“Fatal Semi-Truck Collision Shuts Down Illinois 159 Near North Deer Park Drive”
“Two dead in I-57 crash in Jefferson County, truck driver cited”
Those were a sampling of headlines for a Google search of “Illinois truck accident.” Sadly, there were dozens more recent headlines detailing all types of truck accidents with tragic outcomes. There are many reasons why these accidents happen, but when it is firmly established that the truck driver is at fault, they need to compensate the victims of the trucking accident. That is where things can get complicated.
If you’re the victim of a truck accident, you’ll want to speak to an experienced truck accident attorney who can navigate through the complexities of these kinds of claims. The attorneys at Schweickert Ganassin Krzak Rundio, LLP have helped many clients who have suffered as the result of collisions with semi-trucks. If the evidence establishes acts of gross negligence on the part of the truck driver and the company that hired them, you could be entitled to punitive damages, which can significantly increase your final settlement.
What Are Punitive Damages in Truck Accident Cases?
You can pursue three categories of damages in the aftermath of a truck accident. The first is the economic damages. These are all the bills associated with your medical treatment and lost wages. These are costs that receipts, invoices, and bills can back up. It is important to note that the economic damages you claim are due to your financial losses. In other words, if your insurance covers some of the bills, you can’t be paid again.
The other category of damages is noneconomic. That can include the pain and suffering that has impacted your life. If the accident caused major disruptions to your life or triggered stress or depression, you should be compensated for that.
The final category is punitive damages, also known as exemplary damages, which are awarded when it can be demonstrated that the at-fault truck driver was especially negligent.
It is important to remember that punitive damages are not typically part of an insurance policy. In other words, you might make a claim for economic and noneconomic damages against a truck driver and the company, but if you want punitive damages, you will have to file a civil complaint and take the parties to court.
When to Apply Punitive Damages
Punitive damages are not automatically awarded. You and your attorney will present your story to the jury that details how your life has been impacted as a result of the accident. Your attorney will also have to establish the example of gross negligence that the truck driver committed. Those extreme circumstances of a truck can include the following:
- Hit and run accident
- Driving under the influence (DUI) of drugs or alcohol
- Texting while driving
- Excessive speeding
- Driving while fatigued
- Intentionally driving with defective brakes or tires
In addition to the truck driver, a trucking company can also be held liable for your damages, including punitive damages. What happens if the trucking company intentionally violates federal regulations put forth by the Federal Motor Carrier Safety Administration (FMCSA), such as the cargo securement rules or service hour requirements?
Reaching the Personal Injury Lawsuit Standards
If you seek punitive damages, your case must be presented to a jury in a civil lawsuit. Unlike a criminal trial where you have to prove your case beyond a reasonable doubt, you only have to prove your case by a predominance of the evidence. That means the event was more likely to have occurred than not.
For example, in a scenario where a truck driver was driving under the influence of alcohol, if they have a blood alcohol content (BAC) of .04% or higher, they would be considered legally intoxicated based on Illinois law. A medical report that establishes that BAC would be a preponderance of the evidence.
Presenting that evidence is what Schweickert Ganassin Krzak Rundio, LLP, can help with. We have years of litigation experience and are extremely familiar with Illinois court systems’ operations. There is a lot of evidence that has to be gathered to put on a strong case. We bring a network of investigators and reconstruction experts onto every case. That support begins with our first initial consultation. Call to set up that talk today if you’ve been involved in a truck accident.
