North Carolina takes drunk driving accidents seriously. When a drunk driver hits you, the law recognizes that their actions are a result of a dangerous and conscious choice. This opens the door to seeking punitive damages, which are available in cases involving egregious misconduct, including drunk driving.
Punitive damages exist to punish violators and deter others from doing the same thing. However, you cannot pursue this just for being right. You must have clear and convincing evidence that proves the at-fault party’s conduct exhibits at least one of these aggravating factors:
In drunk driving accidents, the courts often consider willful or wanton conduct. The intentional act of driving while impaired disregards the rights and safety of others, where the driver knows that their actions are likely to result in harm.
Generally, the cap for punitive damages can be three times the amount of compensatory damages or $250,000, whichever is greater. However, this does not apply if your injury is a result of the at-fault party’s operation of a motor vehicle while impaired.
A jury can award any amount it believes is rationally related to the goal of punishing the driver and deterring others. But before you can seek this, it is highly important to prove that the driver is liable for compensatory damages.
Although North Carolina advocates for the injured, it does not automatically guarantee you are eligible to seek punitive damages. The legal landscape for this matter is much more complex than a general motor vehicle accident claim. Before making a move, seeking legal advice can offer helpful insights.
