Protecting the Motor Carrier Against the Threat of Punitive Damages: An Updated Case Review

Historically, the case law regarding the issue of punitive damages against trucking companies stemming from the accidents of its drivers has been mostly favorable to trucking companies. Because of the court's high standard, plaintiffs' attorneys are getting more creative. In the typical trucking case, the plaintiff alleges reckless conduct against the driver, the driver's employer, and any other party the plaintiff can assert a cause of action against. With this behavior in mind, it is increasingly important for defense attorneys to move to have the claim for punitive damages dismissed, but it is equally important that the trucking companies themselves stay vigilant. This article uses recent cases to demonstrate different patterns that trucking companies and their attorneys should be aware of as the plaintiffs bar becomes increasingly savvy when it comes to litigating trucking cases. The cases all demonstrate that employer conduct that would warrant a punitive damages award can stem from the employer's hiring, training, supervision, retention, or maintenance of the truck.