Punitive Damages

Punitive Damages in Truck Accident Cases

After seeing a loved one suffer a terrible injury, many people want to see punitive damages levied against the guilty party. Punitive damages, known in Texas law as "exemplary damages," are meant to punish defendants who have exhibited gross negligence, fraud, or malice.

Punitive damages contrast with compensatory damages, or "actual damages, " which compensate an injured party. There is an unofficial cap on the amount of punitive damages, restricting them to 10 times the compensatory damages.

How Common Are Punitive Damages?

In truth, punitive damages are relatively rare in personal injury cases. However, they are more common in trucking accidents than other kinds of cases. Too often, truck drivers, trucking companies, and other defendants demonstrate a willful disregard for the lives of other drivers on the road.

At The O'Quinn Law Firm, our attorneys can help you determine whether punitive damages are possible in your case. We can meet with you free of charge; contact us to set up an appointment.

More about Punitive Damages

Chapter 41 of the Texas Civil Remedy and Practice Code goes into the specifics of punitive damages. Laws vary by state, and they are always developing. In 1998, the Texas Supreme Court laid out two elements necessary for an action to qualify for punitive damages:

• Viewed objectively for the standpoint of the actor (i.e. the guilty party), the action must involve an extreme degree of risk in terms of probability and magnitude of a serious injury. For example, if a trucking company sends out a driver that is well-known to be very prone to crashes, the company's action may warrant punitive damages.
• The actor must have an actual, subjective awareness of the risk involved but still proceeds with conscious indifference. In the above example, a personal injury attorney must demonstrate the company knew of the driver's dangerous tendencies.

An Example: the Ung Case

The infamous Ung case is a good demonstration of what is necessary to get punitive damages. Mr. Ung was working construction on a street, and the crew was not protected by a barricade. There was a large pothole near the site. A car driving with a trailer hit the pothole, causing the trailer to become unhitched and speed through the construction site.

Fortunately, no one was hurt the first time a trailer hitch sped through the site. But after the incident, the construction company did not take any safety measures and did not even erect a barricade. Later, another car lost a trailer in the pothole, and the trailer sped through the site and killed Mr. Ung.

In the Ung case, it was clear that the company knew the risk of not erecting a barricade, since a similar incident had already occurred. But the company refused to take any safety measures, demonstrating conscious indifference for the lives of its employees.

Contact Us

Of course, to determine whether you can get punitive damages in your case, you should go over the details with an experienced lawyer. Contact us and a free initial consultation with one of our lawyers. We have a 24-hour answering service and have evening and weekend appointments available.

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