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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.