Drunk drivers can be subject to extra penalties in auto accident injury cases.
Drunk drivers are a serious danger to themselves and others. Unfortunately, millions of people get behind the wheel while under the influence of alcohol. This results an average of one fatal drunk driving accident every 53 minutes.
Because the very act of driving while intoxicated is considered a very clear example of reckless and negligent behavior, it is typically easy to prove liability for any accidents or injuries that may occur. And because drunk driving is considered such bad behavior, in some cases special damages may be awarded to victims of drunk driving accidents. These special damages are called punitive damages. They can be awarded independent of any specific losses suffered by the claimant. Instead, they are designed to serve as a punishment for the drunk driver and a warning to others.
Seeking Punitive Damages in a DUI Accident Case
In order to seek punitive damages after an accident involving a drunk driver, it is necessary to establish certain facts.
First of all, you must establish that the person did have alcohol in their system. Typically the best way to do this is via the blood or breath test records that should be included in the police report of the accident. Circumstantial evidence such as alcohol containers in the vehicle or eyewitness testimony as to their behavior may also prove useful.
Secondly, you need to prove that the person’s driving ability was impaired by alcohol and this impairment directly contributed to the accident. A traffic accident reconstructionist’s help may be required to establish the course of events that led to the accident based on the evidence at the scene, and establish that a non-impaired person could have reacted more quickly or made different decisions to prevent the accident.
Finally, you may need to prove that their behavior was especially egregious. Punitive damages are generally not awarded except in special cases where the court wants to make an example out of the drunk driver.
Other Types of Damages
Punitive damages are just one type of compensation that may be sought in a DUI auto accident injury case. You may also be able to claim damages for your present and future medical expenses, your pain and suffering, loss of present income and loss of future earnings, and/or loss of consortium in case of injuries affecting your relationship with your spouse. These types of damages can be awarded independently of any punitive damages.
To learn more about your options for holding drunk drivers liable for the aftermath of accidents they cause, please contact the Law Offices of Fernando D. Vargas today.
