What Are Punitive Damages and Can They Apply in Truck Crash Cases?

In 2022, there were 503,000 large truck accidents in the US, according to the Federal Motor Carrier Safety Administration (FMCSA). Of these, 23% resulted in injuries and 1% were fatal.

Sometimes, large truck accidents can be prevented. On rare occasions, accidents are caused by gross negligence or actual malice. In these cases, punitive awards may be available for injured individuals. We’ve outlined punitive damages, what creates liability for them, and the evidence needed to support the claim below.

The team at Merkel & Cocke, P.A., offers free consultations. If you were in a truck accident and want to understand your legal options, we encourage you to reach out for a free consultation.

What are punitive damages?

Punitive damages are awarded when courts seek to punish defendants for willful misconduct or dangerous and unacceptable behavior that results in harm to someone else. They are a message, delivered through financial penalties, that such disregard for others’ safety is unacceptable.

Mississippi law requires clear and convincing evidence for punitive awards. Courts must complete a separate proceeding before they are awarded.

Difference between punitive and compensatory damages

Compensatory damages are for the injuries suffered after a truck accident. This could include:

• Current and future medical expenses
• Lost wages
• Property damage
• Pain and suffering

Compensatory damages are measurable losses resulting from a truck accident. If you suffered in a truck accident and suspect you may be eligible for punitive damages, we encourage you to reach out to an experienced attorney. They can learn more about your situation and educate you on the legal options available.

When is the trucking company liable for punitive damages?

In Mississippi, punitive damages may be awarded when a defendant acted with actual malice or gross negligence, demonstrating willful, wanton, or reckless disregard for the safety of others. The evidence must be clear and convincing for punitive damages to be awarded. We’ve outlined some of the violations that may result in this below:

Service hour violations

Some drivers feel pressured to drive past the legal limits. This could be to meet productivity requirements or delivery timelines. Other times, companies have created incentive programs that reward regulatory violations. This type of violation may support a punitive damage claim.

Recordkeeping fraud

On some occasions, companies tamper with records to conceal information. This could be related to:

• Previous violations
• A lack of proper maintenance
• Other misconduct that creates safety concerns

Negligence in hiring or supervision

Negligence in hiring is when companies do not do their due diligence before hiring drivers. They don’t complete background checks, verify licenses, or ignore other certification requirements.

Hiring impaired drivers

Impaired drivers are those who have a history of misusing drugs or alcohol through positive testing. Companies may fail to establish required testing programs or ignore concerning results to keep drivers on the road.

Maintenance failures

Sometimes, companies will falsify maintenance records or ignore needed repairs to keep trucks on the road. When companies allow vehicles on the road with known defects, this could be negligent on their part.

What evidence supports claims for punitive damages?

Punitive damages may be difficult to obtain. In those instances where this type of compensation is possible, several forms of evidence can support the claim:

Digital records

The world is constantly surveilled, and digital records may support a claim. Electronic control module data can reveal a lot of information about trucks, operation, and timelines. This information may reveal gaps in stories or inconsistencies related to violations to support claims.

Documentation

The company’s documentation may be evidence to support a claim. Different types of documentation can do this. We’ll highlight what corporate documentation may assist with evidence below:

• Company policies and procedures related to safety, maintenance, and other standards. Non-compliance may show the company was negligent.
• Truck maintenance and inspection reports may show negligence. Especially if fleets are not kept up to date and within trucking standards.
• Internal communications regarding safety compliance or violations.

External sources

If a truck accident was due to negligence on the company’s part and punitive damages are possible, external evidence may support the claim. Some examples of external evidence include:

• Records from the company’s past inspections, audits, and violations can paint a picture of safety issues and a pattern of negligence.
• Industry comparisons may highlight how the company fails in areas that impact safety.
• Documented incidents, safety issues, and near-misses may shine a light on safety issues that the company has ignored.

Benefits of securing a personal injury attorney for a truck crash

It’s important to contact a personal injury attorney right away after a truck accident because critical evidence (like black box data and scene conditions) can be lost or overwritten quickly. Those who get in touch with us right away see many benefits including:

Case support

Gathering evidence and preparing a case may become a challenging situation, and it’s important to take action fast. Preserving evidence, including black box data, needs to happen right away, or it can be overwritten or permanently lost within days if not preserved. A personal injury attorney helps clients by doing this for them. They can streamline the process because they understand what is needed and how to gather it.

Legal advocacy

When someone hires a lawyer, they gain a legal advocate. Lawyers stand up for their clients in court. And they represent them against insurance companies and other legal professionals.

Regulatory and legal knowledge

Personal injury attorneys know the ins and outs of punitive damages and truck crashes. They have the knowledge to investigate these situations thoroughly and prepare a strong case. Attorneys also have the regulatory knowledge needed to identify violations to support cases.

Negotiation or trial preparation

Truck accident attorneys have the negotiation skills and strategies needed to settle with insurance companies. They can enlist the support of experts like accident reconstructionists who can help you build a stronger case and argument in front of a jury. Also, the attorney will have the knowledge and experience to take the case to trial if fair compensation isn’t being offered.

Contact Merkel & Cocke, P.A., for a free consultation

At Merkel & Cocke, P.A., we have helped several clients secure punitive damages from truck crashes (past results do not guarantee future outcomes). Our team is knowledgeable in the regulations for the trucking industry and well-versed in strategic negotiations. We offer free consultations to understand your situation and educate you on your legal options. Contact us today to request your free consultation.