Can You Get Punitive Damages if Your Accident Was Caused by a Drunk Driver?

It would probably be impossible to find a driver in North Carolina who isn’t aware that it is illegal to drive while drunk. Yet there are still people who choose to disregard the risks or who think that somehow they can drive safely even when their mental and physical abilities are impaired by alcohol.

Inebriated drivers destroy lives far too often. Victims and their families can seek some measure of justice by filing a personal injury claim to receive compensation for the losses they have suffered. Occasionally, they have an additional opportunity for justice through the payment of punitive damages. These damages are not awarded automatically; an attorney must specifically request them and demonstrate to the court why an award is justified under the circumstances.

What are Punitive Damages?

In general terms, our civil legal system is designed to provide restitution for those who have been harmed by the wrongdoing of others. If someone takes your car without asking and damages it, you can file a lawsuit seeking money to pay for repairs or the purchase of a new vehicle. If someone is driving without paying attention to the road and they hit you, the law gives you the ability to sue them for compensation for your medical bills, lost wages, and other effects of your injuries. Money can’t take away pain you’ve suffered or miraculously heal spinal damage or other harm, but it is a practical remedy available under the law. The funds you receive from this type of legal claim are referred to as compensatory damages because they compensate you for different consequences of the accident and your resulting injuries.

Punitive damages have a completely different purpose. They are not intended to restore you to where you were before—compensatory damages are supposed to cover that. Instead, punitive damages are designed to punish someone who engaged in wrongful behavior. In that way, they are similar to a fine imposed in a criminal case—except that the money goes to the person who was hurt instead of the government.

By awarding punitive damages, a court is sending a signal that our society will not tolerate the type of wrongful conduct that occurred in the case. That conduct could involve intentional attempts to injure someone or damage property, but often the conduct that triggers punitive damages does not stem from a desire to cause harm but a selfish disregard for the safety of others.

When Do North Carolina Courts Award Punitive Damages?

Because punitive damages are a remedy that goes beyond compensating a victim for losses in a case, lawmakers in North Carolina have established certain ground rules to set restrictions on when they can be awarded. The basic rules are set forth in Section 1D-15 of the General Statutes.

To begin with, courts can only require a defendant to pay punitive damages after the person seeking compensation has persuaded the court that the defendant is liable for causing harm and should be held accountable for the resulting damages. In addition, punitive damages can only be awarded if the defendant was liable for actions that involved either:

• Fraud
• Malice, or
• Conduct is considered to be “willful or wanton”

The person requesting punitive damages (and their legal team) must prove by “clear and convincing evidence” that one of these three aggravating factors was involved and that it was related to the injuries compensated in the case.

Additionally, the statute imposes certain limitations. Punitive damages can’t be awarded against someone who is vicariously liable for the actions of someone else. Only someone who committed the egregious action—or knew about it and approved of it–can be required to pay punitive damages. Courts also cannot award punitive damages in a case brought solely to remedy a breach of contract.

Punitive Damages in Drunk Driving Cases

When someone causes a collision because they’re impaired by drugs or alcohol, fraud is not an issue, and the drunk driver is rarely acting with malice. The question is whether their conduct is considered “willful or wanton.”

To determine whether the driver’s conduct was egregious enough to warrant punitive damages, courts will consider all the circumstances involved. Was the driver’s blood alcohol level extremely high or just over the legal limit? Did the driver have a prior record of driving while intoxicated? Was the driver doing something extremely dangerous, such as driving at high speed? Did the driver cooperate with law enforcement, or did they try to flee the scene?

A court may also consider the defendant’s financial status. In rare cases, a company could be held vicariously liable for the actions of a drunk employee if they were aware of the employee’s behavior and “condoned” that behavior.

Since there are no clear-cut rules about when conduct becomes severe enough to justify an award of punitive damages, it often comes down to the skill and dedication of the legal teams involved. Accident victims who work with an attorney who understands how to present arguments for punitive damages persuasively will be better positioned to obtain these added damages. 

Cap on Punitive Damages

In many cases involving punitive damages, lawmakers have capped the amount a court can award. Generally, punitive damages cannot be more than three times the amount of compensatory damages or $250,000, whichever is less. However, these limitations on punitive damages do not apply in drunk driving cases. This means an award of punitive damages can be quite substantial.

Work with a Legal Team That Understands Punitive Damages in Drunk Driving Cases

Most car accident cases in North Carolina settle out of court. But if you want to obtain punitive damages, you need to be prepared to take your case to trial and meet the substantial burden of proof.

At Martin & Jones, we have decades of experience pursuing justice and fair compensation for those seriously injured in accidents, and we have built our reputation by successfully standing up to insurance companies and corporate legal teams in court. If you or a loved one has been injured by a drunk driver, schedule a free consultation to find out whether punitive damages may be available in your case.