Drowsy driving to cost more in the future.
Having punitive damages imposed against a trucking company is often a source of great anxiety for defense attorneys and their trucking company clients.
Florida attorneys skilled in the handling of truck accident cases have developed the knowledge to know when punitive damages are warranted in a given case. Punitive damages claims are inherently fact driven and also require the plaintiff to step through several procedural hoops, but given the often egregious negligence and the severity of injuries which often result from trucking accidents, punitive damages are often warranted. Therefore, it is vital for practitioners to identify facts, timely collect the evidence and to understand the intricacies of Florida law to sustain a punitive damages claim against a trucking company.
Florida statute permits punitive damages only where there is clear and convincing evidence that an individual tortfeasor committed “intentional misconduct or gross negligence.” A plaintiff seeking punitive damages against a trucking company must meet the requirements of Section 768.72(2), Florida Statues, and prove the trucking company:
- Actively and knowingly participated in the punitive conduct;
- The officers, directors, or managers of the corporation knowingly condoned, ratified, or consented to such conduct; or
- The corporation engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant.