Despite the fact that semi-trucks are so dangerous, many truck companies fail to show caution when operating these large vehicles. Even worse is how many of these trucking companies also continue to hire drivers who have a history of unsafe driving. If your truck accident case goes to trial, there is a good chance that you may even receive punitive damages.
Why Drivers Are So Reckless
With the shortage of truck drivers, some companies are tempted to hire workers who normally would not be hired. There are some employers who also are part of the problem by putting pressure on drivers to complete deliveries as quickly as possible. This often leads to unnecessary accidents.
Punitive Damages
The court sometimes awards punitive damages on top of the normal damages. This is done as a way to send a message to the defendant. Also, the punitive damages are meant to be high enough to attract attention. Because the punitive damages can sometimes be substantially higher than the other types of damages, such as economic damages, there is good reason for you to work with your truck accident lawyer to convince the judge that punitive damages are appropriate.
The judge is more likely to award punitive damages if you are able to prove that there was a known risk and the employer failed to act. For example, if the employer knew that the driver was often speeding, this can be used as evidence that the employer knew that the driver should not be on the road and did nothing to stop them. Serious violations of the law, such as a DUI, can substantially increase the odds that the judge will award punitive damages.
When to Go to Trial
Many personal injury cases are settled out of court. However, there are some circumstances where your truck accident attorney might advise you to file a lawsuit. For example, if you are very likely to win your case and are also very likely to be awarded punitive damages, you may want to go to trial. Also, you may choose to go to trial if you want to have your case public as a way to draw attention to the actions of the defendant.
If you are willing to fight a long legal battle and have the resources to pay for your expenses until you have won your case, you may choose to go to trial rather than settling
