Claiming for punitive damages is a possibility for drivers who have gotten into a truck accident in West Chester, PA. When a driver gets hit by a truck, the consequences are often dire, and they can even be fatal. If the investigation uncovers that the truck driver had been driving in an unbelievably aggressive manner or if evidence turns up proving that the trucker had hit the other vehicle out of malice or due to some personal gain of their own it can be quite easy for a person to claim punitive damages as well.
Punitive damage is basically when a person is penalized further by having to give more financial compensation as a punishment for their behavior. Punitive damages do not include covering medical bills, lost wages, or even pain and suffering. All these factors must be covered with other damage claims. Punitive damages specifically act as an additional monetary punishment for the trucker who acted so wrongly.
In truck accident cases specifically, if it is discovered that the trucker was driving with a high BAC (above 0.04%) or they had drugs in their system, a person may be eligible to claim for punitive damages because of how reckless the trucker’s behavior had been. A person may also be eligible to make this claim if they can prove that the truck driver had been upset with them or had threatened them before the collision occurred.
Should I contact a truck accident attorney?
It’s clear that the harm done after even a minor accident with a truck can be expensive to recover from. If a driver wants to make sure that they are not taken advantage of by their insurance company or by the other party, they should secure the help of a legal professional as early-on after the accident as possible.
In fact, after contacting the police and the ambulance, a person should prioritize contacting an attorney due to the experience and valuable knowledge they bring to the table. A lawyer can equip a person with the necessary information to help them come out on top of the case and to get the maximum amount of monetary compensation from the party who is at fault.
Punitive damages can only be claimed in certain cases, but most collisions involving truck accidents have plenty of other damages that can be covered with only the most basic evidence. A person’s medical bills which they accumulated while getting tested for the injuries which were incurred in the collision are one of the first claims that most individuals make.
Apart from paying for treatment by physicians, prescription medication, and therapies, a person can also claim for any wages which were immediately lost and also for the loss of earning capacity. Loss of earning capacity can be claimed if a person suffered a permanent injury or lost the function of a limb. It can also be claimed if a person faced severe trauma or lost a loved one and their mental state is no longer at the point where they can easily function in their previous working environment. An attorney can lead a person in putting together the documentation to prove the losses they faced to the court.