Virginia Car Accident Lawyer Explains Making a Claim for Punitive Damages in Car Crash Cases
The pain and trauma of a devastating car crash is overwhelming. Beyond immediate medical expenses and property damage, you may feel a deep sense of injustice when someone else’s reckless behavior caused the accident. In such car accident cases, punitive damages can help hold the wrongdoer accountable for their actions.
However, understanding when and how punitive damages may apply is often confusing. They’re limited in how they’re available and why, and only granted if a judge or jury decides the wrongdoing that resulted in your injuries is at a certain level. So after your crash, it’s critical to consult with a compassionate Virginia personal injury lawyer at The Mottley Law Firm who can offer insight into whether your case may qualify for punitive damages as part of your total compensation.
Table of Contents
- Virginia Car Accident Lawyer Explains Making a Claim for Punitive Damages in Car Crash Cases
- Purpose of Punitive Damages in Virginia Car Accident Claims
- Scenarios That May Be Eligible for Punitive Damages
- How Punitive Damages Are Calculated in Virginia Car Crashes
- Importance of Skilled Legal Representation From The Mottley Law Firm in Your Personal Injury Case
Purpose of Punitive Damages in Virginia Car Accident Claims
When you’re injured due to someone else’s negligence, you may be eligible to seek compensation for three main types of car accident damages:
- Economic damages such as medical bills, lost wages, and property damages.
- Non-economic damages, which may include pain and suffering or emotional distress.
- Compensatory damages, which allow for both economic and non-economic damages to be in your claim.
It's important to know that punitive damages are separate from compensatory damages and are only available in certain Virginia car accident cases.
The role of awarding punitive damages isn’t meant to compensate car accident victims for their losses. While this additional money could certainly help alleviate some of the financial burden they feel, it’s not the primary purpose of punitive damages. The point of this monetary allotment is meant to punish the wrongdoer for their intentional, willful, or wanton actions, and deter others from behaving in the same way. Judges and juries allow for punitive damages to make an example out of the perpetrator, which is why they’re also referred to as exemplary damages.
One of the most common instances where punitive damages may apply is in drunk driving accidents, when the at-fault motorist demonstrated a blatant disregard for the safety of others. Notably, any punitive damages the court awards in a civil lawsuit are separate from any criminal DUI charges a drunk driver may face. However, the same evidence may be used in both cases.
Scenarios That May Be Eligible for Punitive Damages
Most motor vehicle accident claims in Virginia don’t qualify for punitive damages. Often, drivers may make an honest mistake and cause a collision. Punitive damages only apply in incidents involving negligent acts by statute or when the level of negligence is especially severe. It’s a high threshold to meet—here are two primary examples we have experience with at The Mottley Law Firm.
You’re Hit by a Drunk Driver
As mentioned above, being struck by a drunk driver is one of the most common car accident scenarios that may justify punitive damages. Virginia Code § 8.01-44.5 states that if the driver who caused the accident had a blood alcohol concentration (BAC) of at least 0.15, victims may claim punitive damages. If the at-fault party unreasonably refused to submit to a breathalyzer or other BAC test, the courts may include this evidence to justify punitive damages.
You’re the Victim of Excessive Speeding and Reckless Driving
When you’re injured by a speeding driver, a judge or jury evaluates these situations carefully. A simple speeding ticket may not be enough to warrant punitive damages, but reckless driving might. Code of Virginia § 46.2-862 indicates that a person is guilty of reckless driving if they exceed the speed limit by at least 20 miles per hour. Driving over 85 miles per hour may also count as reckless driving, regardless of the posted speed limit.
Willful and Wanton Negligence
In a more general sense, willful and wanton negligence may lead to punitive damages.
- Simple negligence is the failure to use ordinary care.
- Gross negligence involves a reckless disregard of caution but lacks the knowledge of expected consequences.
- Willful and wanton negligence is consciously acting in a way that disregards the rights or safety of others, knowing that the behavior is likely to injure someone.
For example, if a person purposely drives the wrong way down a highway, the courts may consider the act willful and wanton negligence, as this behavior goes beyond simple or gross negligence.
However, leaving the scene after a hit-and-run car accident may not, in and of itself, qualify for punitive damages.
Suing the Commonwealth of Virginia
The Virginia Tort Claims Act (VTCA) notes that the Commonwealth of Virginia isn’t liable for punitive damages in personal injury lawsuits. You can still sue the state for up to $100,000 in damages in certain circumstances—if a government employee crashes into you, for instance—but the courts won’t award punitive damages in such cases.
How Punitive Damages Are Calculated in Virginia Car Crashes
State law places a maximum cap of $350,000 on punitive damages in personal injury claims. The finder of fact, normally the judge or jury, decides on the amount awarded based on the egregiousness of the wanton recklessness. They consider what amount is needed to appropriately punish the level of wrongdoing and deter others from doing the same. The finder of fact will also consider the degree of damage and whether the reckless conduct was preventable.
There is no exact formula for calculating punitive damages. Our legal team might employ a strategy of making a strong argument for increasing this amount as close as possible to the maximum allowable.
Importance of Skilled Legal Representation From The Mottley Law Firm in Your Personal Injury Case
Punitive damages can represent a significant portion of a car accident claim settlement, but as you can see, they’re not allowable in every case. When you arrange for a consultation with our team, we’ll use our knowledge to examine the evidence carefully and explore your legal solutions. Proving negligence in car accidents is a detailed process, especially when insurance companies try to minimize their liability. Our attorneys will also assess whether your claim is eligible for punitive damages and what specific case law may be relevant in developing your legal strategy.
