The short answer to this question is that in most car accident claims, you won't be seeking punitive damages from the at-fault driver. But as with most general rules, there are exceptions. In this article, we'll explain the difference between compensatory and punitive damages in a car accident case, and we'll look at some of the rare instances where a plaintiff might be entitled to punitive damages from a grossly negligent or reckless driver.
In the realm of personal injury law (which governs most car accident cases), "damages" are all of the injured person's losses that can be attributed to the at-fault party's misconduct, and which can be captured in a claim for compensation.
Damages fall into one of two categories: compensatory and punitive. Compensatory damages are divided into two additional categories, those that are capable of exact calculation (called special damages or economic damages), and damages not capable of exact calculation (non-economic damages).
Special damages are lost earnings and lost earning capacity (which include employment benefits), medical bills, and other financial losses.
Non-economic damages include pain and suffering and mental anguish, as well as what is called loss of consortium (interference in the spousal or parent-child relationship).
As for the other main category of damages...
Punitive damages are a special category of compensation after a personal injury. Punitive damages are not compensatory, meaning they do not compensate the victim for any injuries or damages that he or she might have suffered. Instead, and as the name suggests, punitive damages are awarded for the sole purpose of punishing the defendant wrongdoer.
The appropriate amount of a punitive damages award is based on consideration of a number of common factors, including:
Not all states allow personal injury plaintiffs to collect punitive damages. Some states only allow compensatory damages no matter how egregious the defendant’s conduct might be. In order to find out if your state even allows for the possibility of punitive damages in a personal injury case, you need to do some legal research or contact a personal injury lawyer in your state.
But, as a general rule, punitive damages may not be awarded if the defendant's conduct amounted to mere negligence. In other words, simply acting carelessly or unreasonably will not subject a defendant to punitive damages. Instead, the type of behavior that is required to subject a defendant to punitive damages has different names in different states, but is generally referred to as:
Again, the exact definition will differ from state to state, but, in general, grossly negligent, reckless, or wanton actions are far more "unreasonable" than negligent actions. A grossly negligent, reckless, or wanton action is one that a person knows (or should know) is inherently dangerous and/or likely to result in harm to someone else.
Let’s take a couple of examples of grossly negligent or reckless behavior in the context of car accidents. The game of "chicken" is a good place to start. Chicken is played when two cars drive at each other at high speed. The first driver to swerve "loses." Of course, one or both drivers may lose control of their vehicles and crash, or the vehicles could collide head-on. Making the decision to engage in a game of "chicken" is beyond ordinary negligence and could amount to gross negligence or recklessness.
Drunk driving or driving under the influence can be a close call. A driver who passes out at the wheel and causes an accident is probably going to be deemed reckless, but what about the driver whose blood alcohol content is just over the state’s limit, and whose intoxication can't be said to have caused the crash? That driver is probably not going to be found reckless.
A final example of a close call is a driver who knowingly operates a vehicle that has a serious mechanical problem -- the brakes are in terrible condition, and the driver knows it, for example. If the driver has to stop suddenly, but can't because of the condition of the brakes, and someone gets injured as a result, that kind of negligence could rise to the level of recklessness, and form the basis for a punitive damages claim.