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Punitive Damages in Car Accident Claims
If you were involved in a car accident caused by criminal activity, like drunk driving, compensation can go beyond economic and non-economic damages. In certain cases, punitive damages come into play. These damages are a type of financial punishment aimed at deterring the at-fault driver from carrying out the same behavior in the future.
The car crash lawyers at Kanner & Pintaluga understand the complexities of punitive damages in a car accident case and know how to hold a criminally negligent party financially accountable for their actions. We work diligently to help each of our clients maximize their chances of receiving the compensation they deserve.
Learn more about punitive damages vs. compensatory damages below.
What Punitive Damages Are and How They Differ from Compensation
The court can award punitive damages to punish and deter extreme wrongdoing after a car accident, making them distinct from compensatory (economic and non-economic) damages that reimburse a victim for their financial losses. Punitive damages are not meant to compensate the injured person directly but hold the at-fault driver accountable for their behavior. Still, any damages awarded by the court must be paid to the victim by the driver.
What makes punitive damages for a car accident challenging is that they are not awarded in every case. Instead, they are reserved for situations involving gross negligence after an automobile crash, willful misconduct, or a reckless disregard for the safety of others.
Purpose, Deterrence, and When They Come Into Play
Unlike compensatory damages, the purpose of punitive damages for a car accident is to punish an at-fault driver’s wrongdoing and deter others from engaging in similar conduct. These damages may come into play in cases involving reckless behavior that goes beyond ordinary negligence.
Deciding what does or doesn’t justify punitive damages is a complex and somewhat subjective process. What complicates matters further is that different states have different rules and standards for punitive damages.
Regardless of location, punitive damages can only be awarded by a judge or jury, meaning a victim can’t receive this compensation unless court proceedings take place. The plaintiff’s lawyers will need to present a compelling case clearly showing that the at-fault driver acted with intentional misconduct or gross negligence.
For example, it may be possible to convince the court that a person engaged in gross negligence and intentional misconduct after weaving between lanes and driving 30 miles per hour faster than other vehicles. It might be more difficult to make the same argument for someone who was looking at Instagram on their phone when they caused a crash.
In both cases, the driver would have recognized that what they were doing was illegal, but the severity of the infraction may be viewed differently by a judge or jury.
When Punitive Damages May Be Available After a Crash
Common scenarios where punitive damages might be available include:
Common scenarios where punitive damages might be available include:
- Accidents caused by drunk driving
- Road rage incidents
- Hit-and-run accidents
- Street racing, which is an illegal form of motor racing that takes place on public roads
- Other willful or reckless conduct that shows disregard for someone’s safety
If you have been involved in any of these scenarios, the court may award punitive damages. Because the standards for these damages can vary by state, you’ll need an attorney team that understands the rules in your area. Our experienced punitive damage personal injury lawyers operate in 18 states, helping you secure maximum compensation.
The Societal Benefits of Punitive Damages
The overall goal of punitive damages is to send a message that certain behaviors will not be tolerated. This helps to promote a safer environment on the roads because drivers will know that there are consequences for their actions.
Here are some of the reasons the courts award punitive damages:
- Deterrence: Punitive damages serve as a deterrent to discourage individuals from engaging in dangerous behaviors on the road. The severity of these damages sends a powerful message about the consequences of drunk driving or operating a vehicle with utter disregard for the safety of others.
- Public safety: Discouraging dangerous driving behavior can improve public safety and benefit the community.
- Compensation beyond recovery: Unlike compensatory damages, which aim to reimburse victims for their losses, punitive damages go a step further by penalizing the perpetrator. This type of compensation can scale based on the severity of the misconduct; however, many states have limits on the amounts that can be awarded.
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Meeting the Legal Standard
While punitive damages can be a powerful tool in holding a driver accountable for their actions, they are not available in all car accident cases. Most car accidents result from negligence rather than intentional wrongdoing, making punitive damages challenging to obtain.
To receive punitive damages, you must meet a higher legal standard than the one for ordinary negligence. Many jurisdictions require extensive proof of willful, wanton, or reckless conduct. In other words, you’ll have to prove that the at-fault driver showed an extreme disregard for the safety of others rather than just being negligent.
The burden of proof in a punitive damages case is on you, the plaintiff. This can be difficult, especially if you don’t have a lot of evidence that shows the at-fault driver acted with willful, wanton, or reckless conduct. You might need to prove that the driver has a history of irresponsible behavior or find video camera footage that demonstrates their wrongdoing.
Navigating these challenges requires the expertise of legal professionals, like the car crash attorneys at Kanner & Pintaluga. Our lawyers are committed to guiding our clients through all the complexities of punitive damages and helping them secure justice.
Evidence That Supports a Punitive Damages Claim
With the help of an attorney, you can collect evidence that proves an at-fault driver demonstrated willful, wanton, or reckless conduct:
- BAC and toxicology results: Alcohol and drug tests can show whether the driver was intoxicated during an accident, supporting your claim of reckless behavior.
- Phone and app data: The driver’s call histories, app logs, and other phone data might show that they were distracted at the time of the incident.
- EDR speed/braking: Information from the driver’s Event Data Recorder (EDR) could reveal that they were traveling at a high speed or braked suddenly before an accident.
- Video: Footage from dashcams and traffic cams can provide visual proof of the driver’s reckless behavior.
- Prior violations: The driver may have a history of driving violations, which could strengthen your claim.
- Policy or training failures: If a commercial driver hadn’t been trained properly, this could show extreme negligence on the part of their employer.
Proportionality, Caps, and Insurance Issues
In these types of cases, the courts look at proportionality, meaning the punitive damages you receive are reasonable compared to your compensatory damages.
The courts may also have legal caps set by the state that determine the maximum amount of punitive damages they can award. For example, Florida caps punitive damages at $500,000 per claimant or three times the amount of economic damages. In Texas, the cap is $200,000 or two times the amount of economic damages plus an amount equal to non-economic damages up to $750,000.
Are punitive damages covered by insurance? It depends on the state, the driver’s policy, and other factors. After a court awards punitive damages, the driver has a responsibility to pay you this amount. If their insurance company doesn’t cover these damages, they’ll have to pay you out of pocket. This can lead to delays or non-payment if they don’t have enough income, savings, or assets.
How Punitive Damages Interact With Settlements
Pursuing punitive damages can affect settlement negotiations and give you more leverage with the at-fault driver and their insurance company. For example, the threat of a significant court-ordered award may encourage them to settle earlier or for a higher amount.
Punitive damages in personal injury cases may also impact litigation, with some states requiring a bifurcated trial that consists of two phases:
- The first phase determines liability and the appropriate amount of compensatory damages.
- A second trial phase is dedicated solely to punitive damages and only occurs if the plaintiff wins the first phase of the trial.
No matter how litigation proceeds, you must meet various pleading requirements by stating your claim for punitive damages and proving that the at-fault driver acted with willful, wanton, or reckless conduct.
Next Steps If You Believe Punitive Damages Apply
If you’ve been involved in a car accident and believe punitive damages may be relevant to your case, consult with Kanner & Pintaluga’s aggressive, ethical, and results-driven attorney team. We’ll provide comprehensive legal guidance and support you during this difficult time.
Our experienced car crash lawyers thoroughly investigate each claim to determine the appropriate course of action based on the circumstances. While punitive damages for a car accident may not be available in every situation, we’re committed to securing the maximum compensation possible for our clients.
Start by scheduling your free consultation today.
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