Punitive Damages in Texas Car Accidents
After a car accident, you may receive various damages for your losses. Economic damages, such as compensation for medical bills, lost wages, and vehicle repairs, are common. So are non-economic damages, which are meant for emotional damages, such as pain and suffering and emotional distress.
Punitive damages are sometimes available as well but they are not as common. Punitive damages are a type of monetary award ordered in addition to compensatory damages when a defendant’s behavior is found to be especially harmful. Punitive damages, unlike compensatory damages, are intended to punish the defendant for grossly negligent, reckless, or intentional misconduct and to discourage similar behavior in the future. For this reason, punitive damages are sometimes called exemplary damages, as they set an example for others.
In Texas, punitive damages may be awarded in car accidents when the driver’s conduct was malicious, fraudulent, or reckless, going beyond simple negligence. To recover these damages, the injured party must prove the defendant’s actions showed a conscious disregard for the safety and rights of others by clear and convincing evidence.
The plaintiff must show gross negligence, malice, or fraud by “clear and convincing evidence” under Texas Civil Practice & Remedies Code § 41.003. Here are some examples:
- Drunk driving accidents. If a driver causes a crash while intoxicated, especially with a very high blood alcohol level or repeat DUI history, a jury may award punitive damages to punish the reckless behavior.
- Street racing or extreme recklessness. Accidents caused by drivers racing on public roads, driving at extremely high speeds, or weaving aggressively through traffic could lead to punitive awards.
- Hit and run with serious injury. If a driver flees the scene after causing severe injuries or death, the intentional disregard for safety may justify exemplary damages.
- Distracted driving with gross negligence. While simple phone use usually isn’t enough, a driver who repeatedly texts, streams video, or ignores warnings before a serious crash might be subject to punitive damages.
- Commercial vehicle cases. If a trucking company forces drivers to falsify logs, skip rest breaks, or drive unsafe vehicles, punitive damages may be considered after a catastrophic accident.
Texas law also caps punitive damages in most cases, generally at the greater of $200,000 or two times the amount of economic damages plus an equal amount of non-economic damages, up to $750,000. However, there are some situations in which the caps on punitive damages could be waived. For example, caps on punitive damages are often waived in cases involving intoxication assault or intoxication manslaughter.
Contact a Personal Injury Lawyer
While punitive damages are not common after a car accident, they can be awarded in extreme cases of reckless behavior.
Does your accident case qualify? A Houston car accident attorney from The West Law Office, PLLC can assess your situation and determine your legal rights. Schedule a consultation today to learn more. Fill out the online form or call (281) 347-3247.
Source:
investopedia.com/terms/p/punitive-damages.asp
