When you are injured in an accident, there are many things that will go on in your trial. One part of your trial will center around deciding how to allocate blame for the accident among you, the defendant, and any third parties. Just because a jury may find you partly at fault doesn’t mean that you automatically recover nothing. In one recent case, the Louisiana Court of Appeal affirmed a jury’s finding that a pedestrian was largely to blame for his accident but still increased the pedestrian’s damages recovery from $54,600 to $80,600.
According to preliminary reports, the tow truck driver lost control and struck pedestrians waiting at a bus stop as well as four parked vehicles. While investigators are still trying to ascertain what caused the devastating accident, the ultimate question is: Who will be found liable for the damages?
In Louisiana there are two types of damages: 1) compensatory damages and 2) punitive damages. The purpose of punitive damages is to punish and deter certain types of conduct which the law finds to be particularly egregious. Punitive damages are explicitly provided for only in certain circumstances such as: intoxicated drivers, sexual crimes against children, and domestic violence. Punitive damages are the additional damages, which are received over and above compensatory damages. So if for example, the tow truck driver was found to be intoxicated and the intoxicated state was found to be the cause of the collision, the individuals who were injured could potentially recover punitive damages.