People injured by drunk drivers in South Carolina are allowed to pursue compensation not only for medical expenses and physical pain, but punitive damages as well. DUI victims can obtain a punitive award regardless of whether the at-fault driver's criminal charges are dismissed. In fact, the outcome of the DUI case generally has little, if any, bearing on the personal injury (i.e. civil) claim.
Factors that Affect Whether Punitive Damages Can Be Recovered
A punitive award is meant to punish the defendant and deter similar behavior in the future. In order for punitive damages to be obtained in South Carolina, they must be specifically requested in the lawsuit. Additionally, the victim must prove through clear and convincing evidence that the defendant was grossly negligent or reckless in causing injury. When determining whether a punitive claim should be allowed, the judge will consider a number of factors, including.
- severity of injury;
- defendant’s level of intoxication (i.e. blood alcohol level);
- defendant’s liability for the accident; and
- any previous drunk driving convictions for the defendant.
Compensation for People Injured By Drunk Drivers
According to the National Highway Traffic Safety Administration, more than 350 South Carolinians died in drunk driving accidents in 2010. Punitive awards are one way to deter drunk driving and decrease the number of people hurt or killed by impaired drivers. Though punitive damages have been capped in most cases, there are situations where caps do not apply, including when the defendant acted under the influence of drugs or alcohol. Thus, there is no legislative cap on the amount of money that may be awarded in DUI cases.
Helping Innocent People
My firm represents and protects the rights of people injured in DUI accidents across South Carolina. We do not represent drunk drivers. If you have questions about punitive damages, insurance, or any other aspect of your case, I am here to help you. No one should have to take on insurance companies or the legal system by themselves. For answers to your questions - and help seeking justice - call my Columbia, SC office today at (803) 790-2800. If you would like us to contact you instead, fill out a contact form to schedule a free initial consultation.