When you work with an experienced car accident attorney in San Antonio, they will identify all the damages to which you may be entitled. Though rare, punitive damages may be available in some car accident cases. An experienced lawyer can review your case, explain whether punitive damages may be awarded, and fight for the maximum compensation available for your case.
What Are Punitive Damages?
Most personal injury damages awarded in Texas car accident cases are designed to compensate victims for the losses they experienced due to the accident, but punitive damages do not serve this purpose. Instead, punitive damages, otherwise known as exemplary damages, are awarded to punish the at-fault party for particularly egregious behavior and deter similar conduct in the future. Punitive damages are only awarded at trials; insurance companies won’t offer them as part of a settlement. As such, when they are awarded, it is usually to make an example out of the defendant.
What Do I Have to Prove to Recover Punitive Damages in a Texas Car Accident Case?
Punitive damages are not available in most car crash cases. Most people do not intend to cause an accident and may have made a simple mistake. However, there are some cases when juries can award punitive damages in car accident cases, which include when the case involves:
- Malice: Malice arises when the defendant had a specific intent to cause substantial injury or harm to others.
- Fraud: Fraud is a material and willful deception that the defendant performed with the intent to deceive.
- Gross negligence: Gross negligence is an act or failure to act that a reasonable person would have recognized as being extremely dangerous and likely to cause harm to others or that the defendant was aware of and still proceeded to act with conscious indifference to the safety of others.
It’s important to note that recovering punitive damages requires presenting proof that meets the clear and convincing standard. This is a higher burden of proof than the preponderance of the evidence standard that applies to other aspects of your claim. Texas law defines clear and convincing proof as “the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” Meeting this high burden often
Examples of Texas Car Accident Cases in Which Punitive Damages May Be Awarded
Some instances when juries may be moved to award punitive damages in car accident cases may include:
- Road rage incidents
- Drunk driving
- Drugged driving
- Excessive speeding
- Street racing
- Hit-and-run accidents
An experienced truck accident attorney from George Salinas Injury Lawyers can review your case and determine if it is eligible for an award of punitive damages.
Punitive Damage Caps
If you are awarded punitive damages, this amount must not be greater than $200,000 or two times your economic damages plus the amount of non-economic damages the jury awards, not to exceed $750,000. The cap does not apply to cases involving drunk driving or when the victim is a child, elderly individual, or individual with disabilities.
If someone else’s road rage or reckless driving injured you, you may be eligible to pursue punitive damages. The experienced legal team at George Salinas Injury Lawyers will fight relentlessly for the full compensation you are owed. Contact us today to learn more.