Bernard Tully Personal Injury Lawyer. Phone: 412-281-8700
I want to talk to you today about the newest developments in the area of punitive damages that could really help us if we’re representing you in a trucking accident case. First, what are Punitive Damages? Punitive Damages are punishment damages that a jury can add to the general damages (i.e., pain and suffering/lost wages) an injured person receives in an auto accident case. Punitive Damages are also meant to deter similarly dangerous conduct in the future so that type of accident doesn’t happen again! Think of punitive damages as an extra way to increase your settlement!
Here is the most recent development. There was a case where the plaintiff sued the trucking company because it was clearly the truck driver’s fault. They alleged general damages, but in addition to that, they added punitive damages on.
Why? What was the basis for a claim for Punitive Damages in the case? Just the mere fact that the driver was using a cellphone! This is prohibited for commercial vehicles under the vehicle code. So just by the mere fact that he was using the phone (not that he was texting or anything else that is traditionally associated with that) was a basis for punishment damages. The issue hasn’t been decided by the higher courts. However, at the first level, our side won. The court allowed the case to proceed on the punishment damages just because of the mere fact that the driver was using a cellphone.
This is very important because the lower court’s ruling may become the law throughout Pennsylvania. You can see where it could help your case if you happen to be the unfortunate victim of a trucking accident and the truck driver was using a cell phone. Most people will understand that truck drivers use their cell phones all the time, despite the fact they are prohibited from doing so. I’ve seen it many times and maybe you have too.
We are worth the phone call if you have a trucking accident, and you want to discuss this newest development in punitive damages law.
Our main focus is honesty. We always preach it. We are passionate about trying to help any injured person or child with their case. Questions about the blog? CALL US!
Bernard Tully Pittsburgh Punitive Damage and Trucking Accident Personal Injury Lawyer. 412-281-8700 and 1-800-518-0050