Updated February 23, 2023 | By Wilson Kehoe Winingham staff
Semi-trucks and other large vehicles are common on highways throughout Indiana. When truck drivers act negligently, they can endanger those on the road around them resulting in crashes causing significant harm to themselves and others. Semi-truck accidents vary in level of severity but are often life-altering both emotionally and physically.
In personal injury accidents, victims are often rewarded compensation in the form of medical expenses, pain and suffering, mental anguish, and lost income or wages. Punitive damages are different. Punitive damages can be defined by damages exceeding simpler compensation. They are awarded to the victim to punish the defendant and are assessed and awarded through the legal process. Cases in which punitive damages may be awarded include but are not limited to the following:
Additionally, the commercial trucking company can be held liable for punitive damages based on the actions of its drivers.
If you’ve been a victim of a semi-truck accident, it’s important to understand the difference between punitive damages and compensatory damages.
Punitive damages are awarded by a court against the defendant solely to punish them for negligent behavior. Punitive damages can be the most difficult to obtain due to the circumstances in which the victim has to prove negligence, etc.
Compensatory damages are the most concrete type of damages. These include damages covering lost income, property damages, medical care, physical and emotional pain and suffering, and loss of companionship.
Proving a driver acted negligently resulting in an accident can be difficult. The attorneys at Wilson Kehoe Winingham have the experience to provide you with the legal representation to fight for the compensation you deserve. Typically, to determine who is at fault, the insurance agency will investigate the accident. In an Indiana Truck Accident, many parties can be held responsible including the truck driver, employer of the truck driver, owner of the truck, or in some cases the manufacturer. Your attorney will investigate the accident to provide you with the best opportunity to receive compensation due to negligence.
Following an accident involving an 18-wheeler vehicle, it is crucial you follow these steps to build your legal case:
The responsibility of the insurance company to is identify fault and pay the minimum necessary to compensate you for the accident, so be careful what information you share with them. We recommended letting your attorney deal with the insurance company on your behalf.
With the many factors at play in semi-truck accidents, they can quickly become complicated. It is in your greatest interest to be represented by a law firm with the experience to build a strong case. If you or a loved one have been impacted by a semi-truck accident, contact the lawyers at WKW today for a free, no-obligation case evaluation. Call 317.920.6400 or fill out an online contact form today.
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