Punitive Damages for Truck Accidents in Arizona
According to information from the National Highway Traffic Safety Association, more than 2,500 truck accidents occur each year in Arizona. These serious incidents result in a much higher incidence of both serious injuries and fatalities. Due to the nature of truck accidents, victims in passenger vehicles or motorcycles are more vulnerable. However, victims and their families may be able to seek punitive damages after a truck accident in Arizona.
If you or a loved one has sustained injuries in an accident caused by the negligence of a truck driver or trucking company, you may be entitled to compensation for medical bills, lost wages, out-of-pocket expenses, and more. First, it’s crucial to understand punitive damages and the circumstances under which they are awarded.
But if you’ve suffered in an accident as a result of a truck driver’s negligent actions, contact the Phoenix accident attorneys at ELG. Our team of truck accident lawyers in Phoenix and Mesa is here to help.
Punitive Damages in Arizona
In Arizona, judges typically award punitive damages in cases where there have been grossly negligent or intentional actions on the part of a defendant. If you’re seeking to file a claim after a truck accident in Arizona, the defendant would be the trucker or their employee.
Furthermore, gross negligence rises above the typical negligence involved in these cases. Authorities have specifically designed these damages to punish the grossly negligent party for their conduct. Generally, most judges and juries seek to deter them and others from future negligent behavior.
Keep in mind that not all truck accident claims in Arizona result in punitive damages. Only particularly egregious actions and unique situations contribute to an award of punitive damages for a victim.
How to Prove Punitive Damages After a Truck Accident
Punitive damages may be rarer than typical damages, but it’s important to consult an attorney before deciding whether or not to proceed with a claim. The plaintiff and their attorney will need to prove that a truck driver or their company was grossly negligent in their duties. In Arizona, evidence to this end will need to be clear and convincing.
Clear and convincing evidence is the highest burden of proof possible when it comes to civil lawsuits. A few examples of gross negligence on the part of a trucker or their company can include:
- A driver operating their truck while impaired by alcohol or drugs.
- A trucker using their phone or another device while driving.
- Truckers disregarding the hours of service set by their company.
- A company encouraging a driver to violate laws regarding consecutive hours spent on the road.
- Truckers seeking retaliation against a driver as a result of road rage.
Punitive damages are difficult to prove, which is why it’s essential to retain the services of a skilled attorney. If punitive damages are considered, there is currently no limit to how much a jury may award in Arizona.
Truck Accident Attorney in Phoenix
If you or a loved one has been injured in a truck accident, reach out to our Phoenix truck accident attorneys at ELG. Contact us at (623) 877-3600 for a free consultation and no-hassle legal aid today. The nature of truck accidents means devastating consequences for victims and their families, but those affected can seek justice. With the help of our skilled, compassionate accident attorneys in Arizona, victims and their families can seek the compensation they deserve.