Punitive Damages In Drunk Driving Accidents
Insured drunk drivers that cause
automobile accidents
may think that the only financial losses they may suffer are their attorney's
fee to defend them in a drunk driving prosecution and the court imposed
fine if they are convicted of driving under the influence of an intoxicating
beverage. These drunk drivers may be in for a big surprise that can very
expensive. Sure their insurance premiums will increase dramatically and
they will have their driver's license suspended for many months depending
on prior convictions for the same offense. They may face jail time and
a long mandated rehab program which is very expensive. In certain cases
depending on the facts of the case, these drunk drivers who pleaded guilty
or who were convicted of driving under the influence while causing an
accident and personal injuries can be sued for Punitive Damages. Punitive
damages are also called punishment damages. They can be substantial and
in theory are supposed to reduce drunk driving. Punitive damages are meant
to embarrass the drunk driver and keep others from driving while intoxicated.
Unfortunately drunk drivers in the Coachella Valley continue to be responsible
for many serious injury accidents and
wrongful deaths
of innocent drivers. The California Civil Code in Section 3294 states
in part, "in an action for the breach of an obligation not arising
from contract, where it is proved from clear and convincing evidence that
the defendant has been guilty of oppression, fraud, or malice, the plaintiff,
in addition to the actual damages, may recover damages for the sake of
example and by way of punishing the defendant". Causing an accident
while intoxicated qualifies for the awarding of Punitive damages against
the defendant. In 1979 the California Supreme Court said that Punitive
damages can be awarded against drunk drivers under certain circumstances.
Taylor v. Superior Court (1979) 24 Cal. 3
rd
890. What is the consequence to the convicted drunk driver? It means that
he or she will have to pay the Punitive damages part of the jury verdict
out of their own pocket. In the case of Peterson v Superior Court (1982) 31 Cal. 3
rd
147 the California Supreme Court discussed how the drunk driver's
liability insurance coverage affects the injuries caused by the drunk
driver. That Court decided that an award of Punitive damages in such cases
was uninsurable, which meant that the drunk driver who caused the injuries
must pay the Punitive damage part of the verdict from his or her own pocket.
The insurance company of the drunk driver will still have to pay the compensatory
damage part of the verdict, which they would normally have to pay. When
the jury is allowed to render a Punitive damage award against a drunk
driver they are allowed to consider the financial status of the defendant
in reaching their verdict. As a
Palm Springs auto accident lawyer
I usually consider the possibility of obtaining Punitive damages for my
clients who have been injured by a drunk driver in an auto accident. Naturally
the amount of Punitive damages that can be recovered from a drunk driver
defendant is dependant on that person's financial condition. Depending
on the facts of any specific case, it may not be practical to obtain punitive
damages in a drunk driving accident. Contact the Palm Springs auto accident
lawyer at this firm for an analysis of your auto accident case.
Posted By
Barry Regar APLC
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