If I own a trucking company and one of our driver’s was injured and a vehicle damaged by a state snow plow, are we entitled to damages?

Our truck and driver were damaged because a snow plow driver of the state of Indiana threw snow and ice off on overpass onto the truck as it passed under. The driver was injured and our truck damaged. Are we entitled to damages for lost revenue,downtime and any punitive damages due that snow plow driver negligence?

Asked on March 5, 2015 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your injured driver can file a workers' compensation claim through your company to be compensated for his injury since he was injured on the job.

You can recover property damage (cost of repairs to the truck) by filing a claim with the snow plow's insurance carrier.  The snow plow is probably insured through the state of Indiana and the state should have a claims procedure to follow to receive compensation.  Your claim against the snow plow should also include compensation for lost income during the time the truck is being repaired.

You cannot recover punitive damages for negligence because punitive damages would only apply to an intentional or malicious act of wrongdoing.


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