While the law in Texas requires a unanimous jury verdict and clear and convincing proof, being hit by a drunk driver may lead to an award of punitive damages in Texas.
Our Houston drunk driving accident law firm has helped Houston victims of drunk driving car accidents seek punitive damages for over four decades. Let us help you protect your rights! Speak to a Houston drunk driving accident lawyer– (281) 587-1111.
What Are Punitive Damages in a Texas Injury Case?
Punitive damages, also known in Texas as exemplary damages, are intended to punish especially wrongful conduct and deter similar behavior. They are different from compensatory damages, which are intended to cover losses such as medical bills, lost income, and pain and suffering. In the right case, exemplary damages may be awarded in addition to compensatory damages.
Exemplary damages are separate from compensatory damages like pain and suffering, lost wages, medical bills, and other non-economic damages for injuries from a car accident.
When Do Punitive Damages Apply in Drunk Driver Cases?
In Texas, punishment or punitive damages are regulated under Civil Practice and Remedies Code Section 41. In short, Texas has made it difficult for victims to obtain justice by awarding punitive damages. One exception is that victims of drunk drivers may potentially obtain more justice by winning punitive damages.
A defendant can be convicted of a DWI if they are an adult and above a specific limit of blood alcohol.
As part of Texas’s ongoing “tort reform,” many victims’ rights advocates have called the exemplary damages statute harsh. To obtain punitive damages, a jury must return a unanimous verdict based on clear and convincing evidence. This burden of proof is much greater than a general negligence claim.
What Must Be Proven Under Texas Law?
Additionally, victims must prove one of the following to pursue a punitive damages claim.
- Fraud
- Malice or
- Gross Negligence.
Texas law has also limited the amount of exemplary damages available, codified in Section 41.008 – Limitation on Amount of Recovery.
Exceptions to the limitations on punitive or punishment damages apply when specific penal code sections are violated knowingly or intentionally.
Punitive damage awards are specific to an individual defendant. Each defendant is only responsible for punitive damages, and they apply only to that specific defendant.
How Are Punitive Damages Different From Medical Bills, Lost Wages, and Pain and Suffering?
In the context of a drunk driving accident in Texas, juries have long been unsympathetic to the person who chooses to drive and injure innocent Texans.
Just as sentences and criminal actions against drunk drivers have been severe, jury verdicts in civil cases have also been substantial. The cost to the DWI defendant in a criminal case is also high.
Our Houston DWI / DUI accident lawyers have been recovering maximum compensation after a drunk driving crash for over three decades.
A specific criminal statute may also apply. This may render the statute’s limitation on pure-punishment damages inapplicable.
Does Liability Insurance Cover Punitive Damages?
There seems to be a debate on whether an insurance policy may cover exemplary or punitive damages. Much depends upon the language of the specific policy in question. We have found that in many instances, excess or umbrella policies may specifically provide coverage for punitive damages.
However, the prudent person will review the insurance policies to determine whether coverage is provided. A recent Texas case ruled that the auto insurance carrier was not liable for punitive damages.
Can a Bar or Restaurant Also Be Liable?
Yes. Other possible defendants in drunk-driving accident cases can include bars or clubs under a dram shop cause of action. In very serious cases, such as a car or pickup truck failure, a car fire, or another defect, the automobile manufacturer is responsible.
A semi-truck accident lawyer should also be able to determine whether a truck driver or trucking company intentionally violated safety rules that led to a crash. Or if the trucker is using drugs or alcohol. If so, you may be able to recover punitive damages in a truck accident case. Call our truck accident lawyer for a free consultation.
Why Personal Injury Lawyers May Seek Punitive Damages for a DUI Accident
The best personal injury attorneys seek punitive damages for several important reasons in their case pleadings. One tactical reason is that, with proof of intentional conduct, the attorney may discover a company’s or an individual’s net worth.
Another vital reason is that liability insurance may or may not cover the claim. Suppose the exemplary damages are not covered under a liability or umbrella insurance policy.
In that case, the company or individual may be on the hook for those damages. This should provide ample incentive to push the insurance company to settle the case reasonably. Insurance companies place a greater value on punitive damages in DUI cases. Proven claims of bad conduct can increase compensation.
Call a Houston auto accident attorney for a free case consultation if you have questions about whether punitive damages may be appropriate in your case.
Do Punitive Damages Change Settlement Value?
Yes, the fact that a Houston jury may be asked to award punitive damages to deter others from drinking and driving and hurting or killing others is a powerful settlement incentive.
At Baumgartner Law Firm, we have won numerous multi-million-dollar awards, seeking exemplary and punitive damages in DUI accident lawsuits.
The average settlement for a drunk driver accident is much higher than a normal car wreck injury claim.
Learn more about drunk driving injury claims in Houston.
When to Talk to a Houston Drunk Driving Accident Lawyer
The personal injury lawyers at Baumgartner Law Firm have been helping Houston, Texas, families after catastrophic injury accidents for decades.
Need to find the best personal injury attorney in Houston? Call us for a FREE consultation!
If a drunk driver has injured you, and you want to learn your rights and options, call us at 281-587-1111.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
Resources:
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm
