Personal Injury Punitive Damages

Bernard Tully Personal Injury Lawyer. Phone: 412-281-8700

I want to talk to you today about the newest developments of personal injury Punitive Damages that could help us if we are representing you in a trucking accident case. First, what are Punitive Damages?

Personal Injury 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. Personal injury Punitive Damages are also meant to deter similarly dangerous conduct in the future so that type of accident does not 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 a trucking company because it was clear from the facts of the case that it was the truck driver’s fault. In the case, the plaintiff alleged general damages, but in addition to that, made a claim for punitive damages.

Why? What was the basis for claim for Punitive Damages in the case? Just the mere fact that the driver was using a cellphone at the time of the accident! Under the Pennsylvania vehicle code, it is prohibited for truck drivers who are operating a commercial vehicle to use a cell phone in any manner. So just by the mere fact that the truck driver was using the phone (not that he was texting or anything else that is traditionally associated cell phone use while driving) was a basis for punishment damages (Punitive Damages). The issue has not been decided by the higher courts. However, at the first level, the Court of Common Pleas, 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 Personal Injury Punitive Damages Lawyer. 412-281-8700 and 1-800-518-0050