Can You Seek Punitive Damages After a Crash With a Drunk Driver in Texas?
Impaired driving is extremely dangerous. In Texas, it is a serious criminal offense and it is negligence that can give rise to a personal injury claim. DUI accident victims have the right to seek compensation for both economic and non-economic losses. They can also sue for punitive damages. In this article, our Missouri City drunk driving accident lawyer provides a guide to key things to know about punitive damages in Texas
Compensatory Damages are the Basis of a Civil Car Accident Injury Claim
A DUI accident injury settlement/verdict is designed to be primarily compensatory in nature. In Texas, the law requires an injured victim to prove actual damages before any consideration of punitive relief. Indeed, it is your compensatory damages (those tied to your actual losses) that are the core of your claim. Compensatory damages cover all types of measurable losses tied to the crash. There are two broad categories:
- Economic damages include medical expenses, rehabilitation costs, lost wages, and diminished earning capacity.
- Non-economic damages address pain and suffering, mental anguish, and loss of enjoyment of life.
Note: Without a valid award of compensatory damages, Texas law bars recovery of punitive damages. The compensatory award is the legal foundation for any additional exemplary recovery.
Punitive Damages May Be Recoverable After a DUI Crash in Texas
Punitive damages are generally not recoverable in a personal injury claim in Texas. In most cases, they will not be awarded. However, state courts can grant them in extraordinary circumstances. Indeed, Texas permits punitive damages (exemplary damages) when the defendant’s conduct rises above ordinary negligence. The governing standard appears in Texas Civil Practice and Remedies Code § 41.003.
To qualify for punitive damages in a civil claim, an injured victim must prove by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. Drunk driving frequently satisfies the gross negligence standard because it involves an extreme degree of risk combined with actual awareness of that risk and conscious indifference to the rights and safety of others.
How are Punitive Damages Calculated in DUI Accident Injury Claims?
By definition, punitive damages are not tied to a specific economic loss. That can make the calculation of punitive damages more complicated. A key thing to know about our state’s law is that it sets statutory limits for exemplary damages. Under Texas Civil Practice and Remedies Code § 41.008, punitive damages are capped at the greater of two times the amount of economic damages plus an amount equal to non-economic damages up to $750,000, or $200,000. The statute requires the jury to determine the amount of economic and non-economic damages first, then apply the cap formula. Certain exceptions may apply in cases involving specific criminal conduct, but standard DUI claims generally fall within the cap.
Call Our DUI Accident Lawyer for a Free Case Review
At Henrietta Ezeoke Law Firm, our DUI accident lawyer goes above and beyond to prove the rights and the interests of injured victims. If you or your loved one was hurt in a DUI collision, we can help. Please call us now or contact us online for a free case review. We handle DUI accident claims in Houston, Harris County, and throughout the region in Southeastern Texas.
Source:
statutes.capitol.texas.gov/GetStatute.aspx?Code=CP&Value=41.003
