A Lake Charles, Louisiana jury made the right decision in awarding a Sulphur couple $5 million in punitive damages against the driver of an 18-wheeler and the trucking company who employed him. The 18-wheeler driver tested positive for methamphetamine and marijuana following a 2006 crash, which he caused by running a red light, striking the passenger vehicle, killing a 2-year old girl and injuring her father and mother.
The evidence established that the trucking company had hired the truck driver and maintained him as an employee, despite that fact that he had failed two drug tests, had been involved in four accidents and had been issued a number of citations, including speeding, leaving an accident scene, driving on the wrong side of the road and careless operation. The 18-wheeler truck driver ran a red light crashing into the vehicle. The total jury award was over $10 million.
Louisiana law rarely allows for punitive damages and over the years the Legislature has become more restrictive in this type of punishment damages. Fortunately, for the family involved in this tragic 18-wheeler accident, punitive damages were available upon proof that the 18-wheeler driver was intoxicated while operating his 18-wheeler and that his conduct which caused the injuries was wanton or reckless disregard for the rights and safety of others.
Punitive damages are necessary to send a message to the truck drivers and the companies who employ them that operating these 80,000 pound vehicles while intoxicated either by alcohol or drugs is unacceptable. Trucking companies must be proactive in the constant review of their truck drivers for safety. Moreover, trucking companies should take notice that when their truck drivers flunk drug tests and are involved in accidents, citations and unsafe driving behavior. These drivers should be removed from behind the wheel of an 18-wheeler and not allowed on our roadways for the protection of the motoring public and their children.
Richard J. Arsenault, 2011
