Punitive Damages Against Drunk Drivers for Personal Injury Claims

Did you know that punitive damages may be available against a drunk driver who injures you in a car accident?

Punitive damages are meant to punish a drunk driver for his or her "bad" behavior. Specifically, one has to show malice or conscious disregard for the safety of others. In 1979 the Supreme Court of California, in Taylor v. Superior Court, held that you only need to show an awareness on the part of the drunk driver that he or she was likely to cause a car accident:

a conscious disregard of the safety of others may constitute malice within the meaning of section 3294 of the Civil Code . . . In order to justify an award of punitive damages on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he wilfully and deliberately failed to avoid those consequences . . .

In other words, if the drunk driver who caused your injuries was aware of the probable dangerous consequences of his or her conduct, they may be held responsible via punitive damages. Of couse, insurance policies do not cover punitive damages, but a defendant may feel compelled to add some money to the pot to get a personal injury lawsuit settled short of a verdict.

Pete Clancy is an Oakland personal injury attorney.