In Texas, punitive damages are known as exemplary damages and are covered by a specific statute, which purports to govern all personal injury claims seeking punishment or punitive damages.
The law is set forth in Texas Civil Practice and Remedies Code Section 41. The standards for obtaining punitive or punitive damages are more difficult than a normal negligence case against a truck driver or trucking company.
The victim must show by “clear and convincing” proof the elements necessary to be entitled to win a lawsuit for exemplary damages. Generally, the claimant must show either Malice or gross negligence.
In the context of a truck accident lawsuit, in order to seek and obtain punishment damages, the claimant’s attorney must be able to show by clear and convincing evidence that the truck driver or the trucking company knew of a risk of substantial harm yet preceded forward anyway.
Normal cases such as a truck losing control because of speed, or a rear-end a truck accident where the truck driver failed to timely apply his brakes usually do not entitle the claimant to seek exemplary or punitive damages. It is when the defendant’s conduct rises to the level of conduct that offends the community and an example must be made that punitive damages come into play.
Here are a few examples of cases where punitive damages could be awarded in Texas:
It is important to note that bad damages alone such as a wrongful death truck accident do not entitle the family to a punitive damage jury question.
Punishment damages would require a conscious indifference on the part of the defendant and must be directly related to the damages suffered. A truck driver under the influence of drugs or alcohol should be aware that the substance may affect his driving and put the public at extreme risk.
A trucking company that knows its truck is “out of service” but puts it on the roadway anyway might be subjected to punitive damages if the accident was caused by the out-of-service condition of the big truck.
While the statute limits the amounts of punitive damages that can be awarded in Texas, families have found the ability to obtain punitive damages against a truck driver was a trucking company is some justice after a serious injury or wrongful death crash.
If you are loved one has been injured in a tractor-trailer accident, contact an attorney who handles truck wreck litigation on an everyday basis to discuss your rights and options.
Our Houston punitive damages attorney works on a contingency fee basis. Call us for a FREE Consultation.
Related Posts:
Can I get Punitive damages After a Truck Accident Case?
What are the Monetary Limits in a Truck Crash-Personal Injury Case?
What are the Possible Types of Damages in a Truck Accident Case?
What You Need to Know About Damages In Houston Trucking Cases
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