Founder of Wade Law and expert trial attorney with experience in the courts and in the classroom, lecturing in several courses. Admitted to all of Georgia’s courts and the United States Supreme Court
If you have been injured in a car accident, it may be possible for you to file a personal injury claim against the person at fault. If successful, these claims can lead to significant damage awards. Importantly, the amount of recovery possible is much greater if the other driver was intoxicated at the time of the accident. This is because a drunk driver who causes an accident can be held liable for punitive damages.
Punitive Damage Awards
Under Georgia law, punitive damages (also called vindictive or exemplary damages) are available when the person who caused the injury behaved in such a way that it demonstrated a conscious indifference to the consequences. Action that indicates conscious indifference may include conduct that is willful, malicious, wanton, or fraudulent. Punitive damages are intended to punish the conduct of the defendant and deter reckless behavior. These types of damages are not related to the loss suffered by the plaintiff.
Drunk driving opens the possibility that the defendant will be held liable for punitive damages. A person who operates a motor vehicle with a blood alcohol concentration of 0.08 percent or higher is considered a drunk driver. For drivers under the age of 21, the BAC limit is 0.02 percent and for drivers of commercial vehicles, the BAC limit is 0.04 percent. Punitive damages are not available for other types of driving violations, like speeding or running a red light.
The plaintiff must prove that punitive damages should be awarded by clear and convincing evidence. If it is demonstrated that punitive damages should be awarded and are warranted, evidence is then presented in order to determine the amount of the award that will be sufficient to deter or punish the defendant. Under Georgia law, the amount of punitive damages is capped at $250,000, unless the defendant acted with the specific intent to harm or acted while under the influence of drugs or alcohol. Â
Punitive damages can be awarded in addition to compensatory damages, which are awarded for economic losses, such as damage to property, medical expenses, and lost wages. In addition, compensatory damages also include non-economic awards, such as for the pain and suffering of the victim. Pain and suffering involves both physical and mental pain, such as mental anguish emotional distress, or anger. Both pain and suffering and punitive damage awards are not easily calculated, particularly when compared to economic losses. But, when granted, they often significantly increase the amount awarded to a successful plaintiff.
Importantly, punitive damage awards can be insured in Georgia, which means that a defendant’s insurance carrier may be responsible for paying the award.
Help for Car Accident Victims
The law provides very little forgiveness for drunk drivers. This can lead to large damage awards for victims of drunk driving accidents. If you have been involved in an accident caused by a drunk driver, it is important to contact an experienced attorney today. Wade Law Offices proudly helps victims involved in all types of car accidents. We look forward to discussing how we can help you.
