Can You Obtain Punitive Damages After an Arizona Truck Accident?
When you have been in an Arizona car accident there is no doubt you have a ton of questions and concerns running through your head. When you or a loved one sustains serious injuries, the extent of your stress skyrockets. If you were hit by a large truck, there is a good chance that your injuries are significant. Their enormous size coupled with the immense force that occurs when a truck hits another object often makes the aftermath of an accident quite devastating.
There are multiple damages that you can pursue compensation for, including tangible payments for medical expenses, lost wages if you are unable to work, or emotional trauma you endure after your accident. Depending on the details of your accident, punitive damages may also be an option. To better understand your rights and what a fair settlement looks like for your accident situation, speaking with an Arizona 18 wheeler truck accident attorney is a good way to have your questions answered.
When are Punitive Damages Awarded to Victims?
Punitive damages are not included in every Arizona personal injury case, but there are circumstances that warrant having the extra compensation awarded on top of your final settlement. When an accident takes place where the conditions for which it occurred are so egregious and the individual that caused the accident was grossly negligent, punitive damages may be sought. The purpose of punitive damages is to be a means of additional punishment for an individual who behaved so outrageously. They also serve as deterrent motivating individuals to not continue to behave in such a manner in the future.
If you were hit and injured by a truck driver’s negligent actions, you must prove that the driver’s behavior or the trucking company was grossly negligent or that either purposely tried to cause you harm. This is not an easy task. If you believe you deserve punitive damages it is best to consult with an Arizona serious injury attorney to help you make your case. In the state of Arizona, you must be able to produce clear and convincing evidence proving the intent of the party that hit you.
Some examples that constitute clear and convincing evidence which are often awarded punitive damages include:
- An inebriated truck driver on drugs or alcohol.
- A truck driver who was distracted and clearly not paying attention to the road because they were focused on something else such as their phone.
- A truck driver who doesn’t take the necessary rest brakes and drives more consecutive hours than is legal.
- A truck driver exhibition road rage where he/she was trying to intimidate and harm other drivers.
Where Can You Find an Arizona Truck Accident Attorney?
Truck accidents can be more complicated than an accident where two cars collide. There can be more than one party held responsible for a truck accident including the driver, the trucking company, and the manufacturer of the goods that the truck is hauling. It is important to work with a legal team that understands the complexity that comes with an Arizona truck accident. The team at ELG has the resourceful Phoenix personal injury attorneys you want on your side when you need the most compensation. Call ELG at (623) 877-3600 to schedule your free, no-obligation consultation.