Punitive Damages in Truck Accident Cases

tractor-trailer-accident-lawyerPunitive damages are damage awards that are intended to punish the offending party. With accidents involving tractor trailers, maximizing the damage award that you receive is very important. If you are involved in a collision with a tractor trailer you are more likely to sustain serious injuries. These injuries can be ongoing and expensive to treat medically, so maximizing your monetary reward is extremely important.


Having an experienced attorney who understands the intricacies of truck accident cases is crucial. Getting a jury award that helps pay for medical expenses, pain and suffering, lost wages, and other accident related expenses. If the case is not settled before trial, it will be up to the jurors to decide monetary awards. In order to get punitive damages levied against the trucking company, your attorney must present your case in a manner that will demonstrate the negligence of the trucking company. There is more to it than just demonstrating negligence, however. Your attorney must show that their behavior was egregious and was consciously disregarding public safety.


Punitive damages are not usually awarded, but tractor trailer accident are more likely than other personal injury cases to have punitive damage submissions. Because injuries in accidents involving tractor trailers can be especially devastating, it necessitates that trucking companies and the drivers they employ must be diligent with safety practices and always operate with extreme caution. Additionally, trucking companies and their drivers must follow the regulations set forth by the Federal Motor Carrier Safety Regulations. All drivers and their companies must be aware of these rules, study them, and comply. Failure to be compliant with these regulations can leave trucking companies or their drivers open to many liability and negligence concerns.


Each trucking company should monitor and oversee the business and how their truck drivers operate. This is usually done by a safety department. Training, regulation and oversight is usually handled by the safety department.


Missouri Truck Accident Lawyers

Punitive damages can cost trucking companies a lot of money. And the threat of punitive damages can be important leverage that can be used by your truck accident attorney to get you a higher settlement. This is why focusing on building a case that demonstrates negligence in such a way that leverages this threat of punitive damages is crucial. Inexperienced attorneys may be unable to successfully pull this off and you will ultimately lose money. In order for you to avoid losing more money in the aftermath of your accident, it is vital that you find an attorney who is able to evaluate your case and get you the maximum compensation that you are entitled to.


In other cases, the standard for proving disregard of public safety is fairly high and pursuing punitive damages can be quite difficult. But in tractor trailer accident cases, it is much easier to pursue punitive damages because Federal Motor Carrier Safety Regulations are designed to promote public safety. Evidence of violations of these rules prove that the company is willfully ignoring public safety.


If you are injured in an accident with a tractor trailer, contact an experienced Missouri truck accident attorney. Discuss whether or not your case includes the possibility of punitive damages and if your attorney is familiar with the Federal Motor Carrier Safety Regulations. You have a right to maximize the compensation that you receive and you should find a lawyer who can help.


Contact the Missouri Truck Accident Lawyers at the Zevan and Davidson Law Firm by calling (314) 588-7200.



photo credit: altheengineer

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