Punitive damages in North Carolina drunk driving cases are more than possible; they are likely. Unlike many other states, North Carolina explicitly authorizes punitive damages in drunk driving cases as a means of punishing the drunk driver and deterring such reckless behavior in the future.
What’s more, the state has even exempted these cases from the cap that generally limits punitive damages in personal injury lawsuits to three times compensatory damages or $250,000, whichever is greater.
A Charlotte drunk driving accident lawyer can help you seek justice and compensation, including punitive damages.
The Law on Punitive Damages in North Carolina DUI Cases
North Carolina takes a tough stance on drunk driving, and this is reflected in the state’s laws regarding punitive damages in these cases. Charlotte car accident lawyers have an in-depth understanding of GS § 1D-26 and how it applies to drunk driving cases.
Under GS § 1D-15, punitive damages are explicitly allowed in personal injury or wrongful death cases involving “willful or wanton conduct” on the part of the defendant.
What Constitutes Willful or Wanton Conduct?
The statute defines willful or wanton conduct as “the conscious action of a person in intentionally committing harm to others or the culpable indifference to the safety and rights of others, which shows a reckless disregard for the consequences of one’s conduct.”
Drunk driving is widely recognized as meeting this standard of willful and wanton behavior due to the driver’s conscious decision to operate a vehicle while impaired, recklessly endangering the lives of others on the road. A Charlotte personal injury lawyer can help you seek maximum compensation, including punitive damages.
For a free legal consultation, call (877) 333-1000
No Caps on Punitive Damages for DUI Cases
Notably, GS § 1D-26 goes even further when it comes to intoxicated driving cases. It states that the punitive damages cap described in GS § 1D-25 does not apply when the resulting harm involves the operation of a motor vehicle under the influence of alcohol or drugs.
This exemption from the general cap on punitive damages, which typically limits them to three times compensatory damages or $250,000, underscores the seriousness with which North Carolina views drunk driving offenses.
By removing this cap, the law allows for substantially higher punitive damage awards against drunk drivers found liable in civil cases. This serves both as a punishment for their egregious conduct and as a deterrent to discourage others from making the irresponsible choice to drive impaired.
Factors Considered for Punitive Damages Awards in Drunk Driving Cases
While North Carolina law allows for punitive damages in drunk driving accident cases, the award of these damages is not automatic. Courts carefully evaluate the specific circumstances and conduct of the intoxicated driver to determine if their actions rose to the level of willful and wanton behavior necessary to justify punitive damages.
Some of the key factors that may be considered include the following.
Degree of Impairment
The driver’s level of intoxication or impairment from alcohol or drugs plays a significant role. Extremely high blood alcohol levels or evidence of blatant impairment can demonstrate a flagrant disregard for public safety.
Prior DUI Incidents
A previous history of DUI arrests or convictions can strengthen the case for punitive damages. It shows the driver was aware of the risks yet still made the choice to drive impaired again.
Attempt to Flee
If the drunk driver attempted to flee the scene after causing an accident, it displays a conscious indifference to their obligations and the well-being of any victims.
Extremely High BAC
Drivers with exceptionally high blood alcohol concentration (BAC) levels, such as double or triple the legal limit, may face increased punitive exposure due to the inevitability of significant impairment.
Driving on a Revoked License
Those who drive drunk while their license is already revoked or suspended show a complete disregard for laws and restrictions in place to protect the public.
Other Egregious Actions
Courts may also consider any other extremely reckless driving behaviors that endangered lives, like excessive speeding, running red lights, or driving on the wrong side of the road.
The more outrageous and unconscionable the drunk driver’s conduct appears to be, the stronger the justification for awarding substantial punitive damages becomes.
North Carolina courts aim to reserve these penalty damages for the most deserving cases as a means of punishment and deterrence.
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Skilled Litigation of Punitive Damages Claims in Drunk Driving Cases
A Charlotte DUI accident attorney can litigate punitive damages claims against drunk drivers. A lawyer understands the nuances involved and takes a meticulous approach to building a case that meets the legal standard of willful and wanton conduct.
Establishing Willful and Wanton Actions
To justify punitive damages under North Carolina law, we must demonstrate clear and convincing evidence that the drunk driver engaged in willful or wanton behavior with conscious disregard for others’ rights and safety. Our attorneys gather and analyze all available evidence, including:
- Police reports and breathalyzer/blood test results
- Eyewitness accounts of erratic driving behavior
- Video footage from the scene or area
- The driver’s prior DUI history
- Expert testimony on accident reconstruction
- Evidence of the driver fleeing the scene
We leverage this evidence to create a comprehensive narrative that leaves no doubt about the egregiousness and recklessness of the drunk driver’s decisions and actions leading up to the crash.
Utilizing Critical Expert Testimony
In many punitive damages cases, expert witness testimony proves invaluable. Our firm routinely works with highly qualified:
- Accident reconstruction experts
- Toxicologists and pharmacologists
- Law enforcement consultants
- Medical professionals and economists
Their analysis, reports, and courtroom testimony can powerfully illustrate how drunk driving occurred, the inevitability of impairment based on blood/breath tests, and the lifetime costs and consequences inflicted on victims.
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Call DeMayo Law Offices to Seek Punitive Damages in a North Carolina Drunk Driving Case
When representing victims of drunk driving negligence, DeMayo Law Offices’s goal is to achieve justice by delivering both appropriate compensation and punishing the responsible party for their actions. Our skilled litigation of punitive damages claims is a core part of that mission.
Let our DUI accident attorneys in Charlotte, NC, help you seek justice and maximum compensation, including punitive damages. We offer free initial consultations. Call us today to get started.
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