Punitive Damages in DUI Car Accidents: What Injured Victims Need to Know
Punitive damages in DUI car accidents are a specific legal financial award designed to punish the at-fault driver for reckless behavior and deter future misconduct, offering victims compensation beyond standard medical and property reimbursement. At Boesen Law, an experienced car accident lawyer understands that being hit by a drunk driver is not just an accident; it is a preventable tragedy caused by someone else’s conscious disregard for your safety.
If you or a loved one has been injured by an impaired driver in Denver or anywhere in Colorado, you are likely facing mounting medical bills, lost wages, and severe emotional distress. While compensatory damages cover these losses, punitive damages serve a different purpose: justice.
What Are Punitive Damages?
Punitive damages definition: In legal terms, punitive damages (also known as exemplary damages) are funds awarded to a plaintiff that are intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.
What is the purpose of punitive damages?
Unlike compensatory damages, which are designed to make the victim “whole” financially, the purpose of punitive damages is twofold:
- Punishment: To penalize the defendant for “willful and wanton” negligence.
- Deterrence: To send a clear message to the community that drunk driving will not be tolerated.
What is the difference between compensatory and punitive damages?
Compensatory damages reimburse you for actual losses, such as hospital bills, physical therapy, lost income, and pain and suffering. Punitive damages are awarded on top of these amounts. They are not based on your specific financial loss but rather on the severity of the defendant’s misconduct.
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Can I Get Punitive Damages in a DUI Case?
In Colorado, driving under the influence (DUI) is a prime example of the behavior that warrants punitive damages. However, they are not automatic.
What are examples of punitive damages in a car accident?
Courts typically consider punitive damages when the driver’s actions go beyond simple carelessness. Examples include:
- Driving with a BAC (Blood Alcohol Content) significantly above the legal limit.
- Driving under the influence of drugs or alcohol while speeding excessively.
- A history of prior DUI convictions.
- Engaging in hit-and-run behavior after causing a collision.
The Legal Standard: Willful and Wanton Conduct
To secure these damages, your legal team must prove the driver acted with “willful and wanton” conduct. Under Colorado Revised Statutes (C.R.S. § 13-21-102), this means the driver realized the risk of their actions but proceeded anyway, without regard for the consequences.
When are punitive damages imposed in a negligence case?
They are imposed when the victim (plaintiff) provides clear and convincing evidence – a higher standard than the usual “preponderance of the evidence” – that the driver’s behavior was malicious or recklessly disregarded the safety of others.
How to Calculate Fair Punitive Damages After a Car Accident
Calculating the potential value of punitive damages is complex and governed by state statutes.
Caps and Limits in Colorado
In Colorado, punitive damages generally cannot exceed the amount awarded for actual damages (compensatory damages). For example, if a jury awards you $100,000 for medical bills and pain and suffering, the punitive damages are typically capped at another $100,000.
However, the court has the discretion to increase this award up to three times the amount of actual damages if the defendant continues the behavior during the trial or acts in a particularly aggravated manner.
How often are punitive damages awarded?
They are not awarded in every case. Because the burden of proof is higher (“clear and convincing”), you need an attorney who knows how to gather compelling evidence, such as police reports, toxicology results, and witness statements, to trigger these awards.
Who Pays Punitive Damages in a Car Accident?
This is one of the most common questions we receive at Boesen Law. The answer depends heavily on the specific insurance policy and the assets of the driver.
What are punitive damages in insurance?
Most standard auto insurance policies explicitly exclude coverage for punitive damages. Insurance companies argue that they should not be responsible for paying for the intentional recklessness of their policyholders.
So, who actually pays?
If the insurance policy excludes them, the drunk driver is personally liable. This means we may need to pursue the driver’s personal assets (savings, property, future wages). However, some umbrella policies or commercial policies (in the case of truck accidents) may cover these damages.
Are punitive damages effective?
Yes, they are effective leverage. Even if the driver cannot pay a massive sum personally, the threat of a punitive damage judgment can force insurance companies to settle the compensatory portion of the claim for a much higher value to avoid a public trial.
The Legal Process: Pursuing Your Claim
Navigating a lawsuit involving punitive damages requires strategic legal action.
Can a lawyer threaten punitive damages?
A lawyer cannot make unethical threats to gain an advantage, but they can and should inform the defense that they intend to seek punitive damages based on the evidence. Filing a motion to amend the complaint to include punitive damages is a standard and aggressive legal strategy we use at Boesen Law.
Can I argue punitive damages in mediation?
Yes. Mediation is often where cases are settled. By presenting a strong case for punitive damages, we increase the risk for the defendant, which often encourages them to offer a larger settlement to resolve the case before it reaches a courtroom.
Can you get punitive damages in arbitration?
It depends on the arbitration agreement and specific state laws. Generally, arbitrators have the authority to award punitive damages if the arbitration clause allows for it and the conduct warrants it.
Why You Need Boesen Law on Your Side
Proving “willful and wanton” conduct requires more than just a police report; it requires a relentless investigation. At Boesen Law, experience is the difference.
- Investigation: We obtain body cam footage, toxicology reports, and driver history to build the “clear and convincing” evidence required.
- Strategy: Our founder, Jon Boesen, and our team of trial attorneys know how to navigate Colorado’s specific caps and insurance exclusions to maximize your recovery.
- No Risk: We operate on a contingency fee basis. No fee unless you win. You do not pay us out of pocket; our fees come only from the settlement we secure for you.
Legal Insight: “We founded this firm to make a tangible difference. When a drunk driver turns your life upside down, our job is to ensure they are held fully accountable – not just for your bills, but for their reckless choices.” — Jon C. Boesen
Frequently Asked Questions About Punitive Damages
Are punitive damages taxable?
Yes. According to the IRS, while compensatory damages for physical sickness or injury are generally tax-free, punitive damages are considered taxable income.
Where do punitive damages go?
In Colorado, one-third of the punitive damages award may be diverted to the state’s general fund/water conservation board, while the remaining two-thirds go to the injured victim. This is a unique state rule designed to serve the public interest.
Are restitution damages the same as punitive damages?
No. Restitution is ordered by a criminal court to pay for direct expenses (like a deductible). Punitive damages are awarded in civil court. You can potentially receive both.
Can I ask punitive damages from small claims?
Generally, no. Small claims courts have low jurisdictional limits (e.g., $7,500 in Colorado), and punitive damages claims usually exceed these limits and require complex legal pleading that small claims courts are not equipped to handle.
Can government ever be liable for punitive damages?
In most cases, no. Under the principle of “sovereign immunity,” government entities (like a city bus involved in a crash) are typically immune from paying punitive damages, even if they are liable for compensatory damages.
Can you get punitive damages for intentional infliction of emotional distress?
Yes. If the drunk driver’s conduct was extreme and outrageous, leading to severe emotional distress, punitive damages can be attached to this claim as well.
Who gets punitive damages?
The plaintiff (the injured victim) receives the damages, subject to the state’s diversion statute mentioned above.
Don’t Let a Drunk Driver Escape Accountability.
If you have been injured, you need an advocate who understands the complexities of punitive damages in Colorado. Contact Boesen Law today.
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