Wreck Punitive Damage

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. Getting an experienced punitive damage lawyer for a serious truck accident is vital for a strong case. 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 punitive 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 proceeded forward anyway. Normal cases, such as a truck losing control because of speed, or a rear-end 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.