The vast majority of car accidents are not malicious—few people set out on the road for the sole purpose of causing an accident. Even when the other driver is clearly at fault, most people are remorseful for their actions and never meant to hurt anyone. As a result, most car accident lawsuits do not involve punitive damages.
In some situations, however, a driver’s actions are so reckless or irresponsible that punishment is justified. This is often the case with intoxicated drivers. The law recognizes that driving while drunk or high is so dangerous that it is not only a criminal offense, but can often result in punitive damages in civil court as well.
When an injured person wins a personal injury lawsuit, he or she will often receive compensation, known as damages, for various different reasons. Economic damages provide compensation to the victim for expenses like medical bills or lost wages, while non-economic damages give the victim money to compensate him or her for pain and suffering.
Punitive damages are a less commonly used, third category of damages. This type of damages serves two purposes: to punish the wrongdoer, and to act as a deterrent for people who may want to act in the same way. For example, punitive damages are often a large part of the judgement against corporations found responsible for purposefully endangering consumers with unsafe products.
In Pennsylvania, punitive damages are only justified when a driver’s conduct is outrageous as a result of the “defendant’s evil motive or reckless indifference to the rights of others.” New Jersey’s law is similar, and allows punitive damages only when the victim suffers harm due to the defendant’s “actual malice or … wanton and willful disregard” of other people.
In a car accident case, there is rarely conduct which is sufficiently outrageous to warrant punitive damages. Even when a driver was tailgating or speeding, these types of offenses are not so egregious that the court will punish the negligent driver.
While most people would agree that driving under the influence qualifies as dangerous and reckless behavior, courts in both states have decided that simply being intoxicated behind the wheel is not so outrageous as to automatically justify punitive damages.
In a case against an intoxicated driver, extremely unsafe behaviors will often merit a request for punitive damages. For example, a driver who weaves through several lanes of traffic, drives the wrong way down a highway, drives drunk with children in the car, or flees the scene of an accident has usually demonstrated outrageous behavior under the law. In addition, drivers who have repeated driven while drunk, were driving on a suspended license, or have an extraordinarily high blood alcohol level may also be liable for punitive damages.
Though a judge may not allow a request for punitive damages in every case, most people who are injured by an intoxicated driver will be able to ask the court to consider the issue. While these damages are not automatically awarded against intoxicated drivers, a skilled attorney can often argue that the defendant’s behavior was so reckless that it justifies further consequences.
At Fighting for People Injury Law, we take injuries caused by intoxicated drivers seriously. Our attorneys work hard to obtain favorable settlements and verdicts on behalf of injured people, and will fight to get you the justice you deserve. We will pursue all available types of damages, and can help you put your life back together.
For a free consultation about your rights and legal options after an accident or injury, call 215-396-9660 to speak with an experienced Pennsylvania or New Jersey injury attorney today.
