Can I Be Awarded Punitive Damages After A Drunk Driving Accident?
Michael Babboni
Car Accidents
According to the CDC, Florida is ranked as one of the worst states in America for drunk driving accidents. Even worse, Sarasota ranks as the #1 city in Florida for DUI deaths, while St. Petersburg is the city with the fourth highest rate of drunk driving deaths in the state. On average, Sarasota has 12.2 DUI deaths per 100,000 and St. Petersburg experiences 4.63 DUI deaths for 100,000 residents. These terrible statistics do not even cover the hundreds of injuries experienced every year by people hit by drunk drivers.What Happens If You Are Hit By A Drunk Driver?
Drunk driving accidents are far worse than typical accidents. With the alcohol impairing not only decision-making, but reflexes, accidents are often very extreme. In a normal accident, drivers have their wits about them so they usually try to stop or swerve to avoid hitting another vehicle. However, drunk drivers will just drive right into other drivers without even trying to prevent accidents. The seriousness of these accidents usually leads to worse injuries and damages than other types of accidents. Drunk driving accidents are sadly far more expensive for victims.
Liability In Drunk Driving Accidents
Unlike other accidents, liability is far easier to prove in drunk driving accidents. Police, insurance companies, and courts all know that accidents are caused by the intoxicated driver. However, proving liability does not always mean that your injuries will be covered. Insurance companies are notorious for trying to get out of paying their fair share to accident victims, even after drunk driving victims. Working with a good attorney can help. They will fight to make sure that you get full compensation for your damages and may help you pursue other avenues including punitive damages.
Difference Between Compensatory And Punitive Damages
It’s important to understand the difference between compensatory and punitive damages when reviewing your options. Compensatory damages are compensation for what was lost as a result of the accident. Compensatory damages include medical bills, lost wages and benefits, and property damage. Punitive damages, on the other hand, are designed to punish the person liable for the accident for their intentional negligence. All victims of DUI can legally pursue compensatory damages for their losses, however, pursuing punitive damages is a little more complicated.
What Florida Law Says About Punitive Damages And DUIs
According to Florida State Statute 768.72 “Pleading in Civil Cases, Punitive Damages,” victims of DUI accident can pursue punitive damages. However, you and your attorney will have to prove either “intentional misconduct” or “gross negligence.”
● Intentional Misconduct: Intentional misconduct means the defendant knew that their actions had a high probability of causing injury or damage to the claimant.
● Gross Negligence: Gross negligence means that the defendant's action were so reckless or wanton they disregarded the safety, life, or rights of the claimant.
There have been many cases in Florida legal history where punitive damages were awarded to the victim of a DUI. However, it isn’t easy to pursue punitive damages in the case of a DUI because of Florida State Statute 768.736 “Punitive Damages; Exceptions for Intoxication” which exempts most DUI defendants from law 768.72.
Though it is a challenging avenue to pursue for fair compensation for your loss, it is possible to pursue punitive damages. Only though, with the help of a knowledgeable legal team who can determine if the unique circumstances of your accident may qualify you for punitive damages. A legal team, like the attorneys at Shapiro, Goldman, Babboni, & Walsh. With over a century of combined experience defending victims of drunk drivers in Southern Florida, we can review your case and determine if you may qualify for punitive damages.