Punitive damages after an injury caused by a drunk driver
California punitive damages and the additional issues that may arise when an impaired driver causes an injury.
A person injured by an impaired driver may pursue compensation for ordinary damages and, in some cases, may also allege punitive damages. Punitive damages are not automatic and require proof under California law beyond the showing needed for compensatory damages.
Compensatory and punitive damages serve different purposes
Compensatory damages address losses such as medical expenses, lost income, pain, and disability. Punitive damages are intended to punish and deter sufficiently wrongful conduct. California allows punitive damages against a driver whose drunk driving shows a conscious disregard for others’ safety (Civil Code section 3294; Taylor v. Superior Court (1979) 24 Cal.3d 890); the jury instruction for an individual defendant is CACI No. 3940.
Evidence still controls the claim
Police reports, testing, witness accounts, criminal proceedings, driving history, insurance, and the circumstances of the collision may all affect the case. The availability and amount of any recovery depend on the specific evidence and applicable law.