What are Punitive Damages After a Company Vehicle Accident?
Accidents involving company vehicles, whether they are 18-wheelers, transport trailers, garbage trucks, other types of heavy vehicles, delivery vans, or pick-up trucks have catastrophic results. These crashes are often fatal but even when accident victims survive, they will suffer some of the most serious injuries including traumatic brain injuries, bone fractures, paralysis, spinal injuries, like disc herniations, and chronic pain. These injuries require extensive treatment, including physical therapy, pain management, surgeries, and more.
The treatment required for serious injuries is expensive and accident victims should not have to pay for it on their own when they were not at fault for a crash. Fortunately, there is compensation available after many of these accidents. Below, our San Antonio company vehicle accident lawyer explains the different types in Texas.
Compensatory Damages After a Commercial Vehicle Accident
Commercial drivers, and the companies that hire them, have significant insurance coverage to cover the losses incurred in a crash. These losses are known as damages and accident victims can recover all of them when someone else was to blame for their injuries. The most common types of compensatory damages available after commercial vehicle accidents are as follows:
- Medical expenses (past and future)
- Loss of income, if unable to return to work right away
- Loss of earning capacity, if unable to return to the same line of work in the future
- Physical impairment (or loss of enjoyment of life) (past and future)
- Disfigurement (past and future)
- Pain and suffering (past and future)
- Mental anguish,
When proving the above damages, you need strong evidence. Medical records, previous pay stubs, photos, expert reports, and “before and after” witnesses are just a few types of evidence that can prove your case.
Punitive Damages After a Commercial Vehicle Accident
Punitive damages, known as exemplary damages in Texas, are also sometimes awarded after commercial vehicle accidents. These damages are not meant to compensate accident victims for their injuries and other losses. Instead, they are intended to punish negligent parties for reckless behavior and to deter the defendant and others from acting in a similar manner in the future. Due to this, punitive damages are not available in every case and in fact, they are rarely awarded.
To obtain punitive damages, you must present evidence that the commercial driver, or the company they worked for, acted with gross negligence. For example, if the driver of a garbage truck was impaired or a commercial trucking company motivated their drivers to violate the hours of service rule, these are both instances when punitive damages may apply.
If you can prove the above elements of your case by clear and convincing evidence, you may be able to obtain punitive damages. Punitive damages cannot exceed the greater of two times the amount of economic damages plus the noneconomic damages, not to exceed $750,000; or $200,000. There are specific exceptions to the caps on punitive damages awarded in Texas under Section 41.008(c). Those exceptions to the caps are mainly for criminal acts, such as sexual assault, intoxication assault, intoxication manslaughter, and other severe acts.
Our Company Vehicle Accident Lawyer in San Antonio Can Help You Obtain Punitive Damages
Punitive damages are not usually awarded and to obtain them, you must present strong evidence showing that they are justified. At the Law Office of Israel Garcia, our San Antonio company vehicle accident lawyer can advise on the damages that may be available in your case and collect the evidence necessary to strengthen your claim. Call us today at 210-LAW-9999 or contact us online to schedule a consultation and to get the legal help you need.
Source:
statutes.capitol.texas.gov/Docs/CP/pdf/CP.41.pdf
