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Claiming Punitive Damages in a Drunk Driving Accident Case



Drunk driving is a very serious criminal offense. Whenever someone makes the decision to attempt to operate a motor vehicle while they are under the influence of alcohol they are knowing creating a public safety hazard. They are risking their life and putting the lives of everyone they encounter on the roads in danger too. As a board certified personal injury and wrongful death attorney, I have represented a lot of drunk driver victims over the years, and in every case I fight for my client’s rights as aggressively as possible.



I believe it is important that drunk drivers are taught a lesson for acting so selfishly that they endanger the lives of others and that the judgments against them act as a public warning to dissuade others from getting in the driver’s seat after they’ve been drinking. Although an intoxicated motorist likely faces criminal charges because of their antisocial misconduct, they can also be punished under civil law too. Although a civil claim for compensation typically revolves around reimbursing the accident victim for any economic and intangible damage caused by the drunk driver’s actions, an experienced Texas personal injury lawyer might also decide it is appropriate to pursue punitive damages against a drunk driver. Although any punitive damages awarded will be paid to the accident victim, their purpose is not to compensate the accident victim, but rather to punish the drunk driver for their extremely negligent behavior.

When your case goes to trial, your lawyer will attempt to establish that punitive damages are appropriate by asking the jury “Was such negligence of the at-fault driver gross negligence?”

Gross negligence is defined by Texas state legislature as “more than momentary thoughtlessness, inadvertence, or error of judgment. It means such an entire want of care as to establish that the act or omission in question was the result of actual conscious indifference to the rights, welfare, or safety of the persons affected by it.” Since a drunk driver is fully aware that attempting to drive while intoxicated causes a danger to other when they decide to do it, it is certainly meets this description of grossly negligent behavior.

Assuming that the jury agrees, your attorney will then ask them to unanimously agree on the amount of exemplary damages should be awarded. According to Texas law “Exemplary damages means any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages includes punitive damages.

“Factors to consider in awarding exemplary damages, if any, are-

"a. The nature of the wrong

"b. The character of the conduct involved

"c. The degree of culpability of the wrongdoer

"d. The extent to which such conduct offends a public sense of justice and propriety

"e. The net worth of the at-fault driver.”


To discuss your Dallas-Fort Worth drunk driving accident case with an experienced local injury attorney today, please call the Anderson Law Firm for a no fee, no obligation consultation. Call toll free at 800-354-6275, or call locally in Fort Worth at 817-294-1900, or in Dallas at 214-327-8000.


Other Articles You Might Be Interested In:
Drunk Driving Accidents 101
Drunk Driving Cases Resulting in Wrongful Death Claims
Truck and Bus Accidents
Determining Whether The Negligent Truck Driver Was Impaired
What Does it Mean to be Board Certified?




The Anderson Law Firm offers free no obligation consultations to people injured in accidents or who have suffered physical harm as a result of someone else's actions. We do not charge you to initially discuss your situation and establish whether you have a claim to pursue. You can call us and discuss your case over the phone, we can set up an appointment for you to come into our office, or we can visit you in your home anywhere in the metroplex.

If after meeting with us you decide that we are the best personal injury lawyer for you, then we will enter into a contingent fee agreement. This means that we only get paid when we win a settlement or jury verdict in your favor. You don't pay us anything up front. We will cover all expenses spent working on your case. Only when we win for you will you need to pay us. If we don't win, then you owe us nothing.

Contact us online now or call us 24 hours a day toll free on 1-800-354-MARK (1-800-345-6-275). You can also call us locally in Fort Worth on 817-294-1900 or in Dallas on 214-327-8000.


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