The civil law system in South Carolina is focused on compensating accident victims for various losses suffered after an accident. In the context of a drunk driving crash, many innocent people suffer from disabling and painful injuries, car damage, and lost income. They could lose thousands of dollars each month trying to keep up with medical bills and paying other expenses when they can’t work.
Accident victims might also seek punitive damages as part of a DUI accident case. These damages have an important goal: to punish the defendant. At Hart Law, we are focused on the well-being of our clients but also on public safety. Punitive damages have a deterrent effect, which is important to pursue. Contact us today to find out more about what compensation you can receive.
When Can You Request Punitive Damages?
Accident victims can seek compensatory damages whenever someone’s negligence ends up hurting them. But with punitive damages, the culpability is higher: willful, wanton, or reckless behavior.
What does that mean? Essentially, the defendant’s conduct is much worse than simple carelessness. A driver is careless when they are distracted or make a simple mistake. But a reckless driver knew of a substantial risk to public safety, and they just didn’t care. They went ahead and drank until they were intoxicated and then got into a car to go somewhere else. When they crash into someone, their outrageous behavior deserves condemnation.
You also need more solid proof of this culpable behavior. South Carolina Code calls for “clear and convincing evidence,” which is fairly high. Evidence of intoxication includes the breathalyzer or other chemical test results, which we can request from the state. Using scientific evidence of this sort is particularly helpful with juries.
Not every motorist agrees to take a breathalyzer test, or the state doesn’t get a warrant to draw blood. In those cases, there is no blood alcohol concentration (BAC) to introduce into evidence. Instead, we might rely on your memories or the testimony of other eyewitnesses at the scene who heard the driver slur his words. The responding police officer is also a credible witness, as is anyone who saw the driver stumble out of a bar and get into a car.
Deterring Bad Conduct
Punitive damages will punish the defendant, but they also should deter future misconduct. And South Carolinians would benefit from deterrence.
According to the South Carolina Department of Public Safety, our state saw 4,915 non-fatal alcohol-related accidents in 2022, the most recent year for which data is available. And that number was surprisingly low compared to prior years:
- 2018: 5,230
- 2019: 5,240
- 2020: 5,362
- 2021: 5,625
Five thousand collisions is an astounding number. Although not every crash injures a motorist, many of them do. The state already criminalizes drunk driving, but the laws on the books are not effective at preventing drivers from having something to drink and then slipping into the driver’s seat. There must be a better way to promote public safety.
How Much Can You Request in Punitive Damages?
There is no mathematical formula used to arrive at a number. When your case is heard by a jury, the law instructs them to consider certain factors:
- The driver’s level of intoxication;
- The severity of the accident and injuries;
- Whether the plaintiff’s own actions contributed to the harm;
- The defendant’s ability to pay punitive damages;
- The likelihood that the punitive damages award will deter the defendant or the public from drunk driving;
- Whether the defendant faced any civil fines;
- The penalties the driver suffered.
Suppose a driver had an extremely high blood alcohol concentration (BAC) and was a truck driver to boot. The maximum BAC for a trucker is 0.04. If the defendant had three times this level, then they would look extremely culpable and a danger to society. They probably also lost their CDL and suffered other penalties. An attorney would argue persuasively for a high punitive damages award.
South Carolina’s Cap on Punitive Damages
Although designed to punish, punitive damages are subject to a cap. You will receive at most the greater of the two numbers:
- Three times your compensatory damages, or
- $500,000.
Imagine a drunk driver crashes into a young mother, causing serious facial injuries. She receives $150,000 in compensatory damages for her medical care, lost wages, and pain and suffering. In this case, she can receive a maximum of $500,000 in punitive damages, since that is more than three times her compensatory damages.
By contrast, imagine a man is paralyzed from the neck down in a drunk driving crash. His compensatory damages are $1 million. He can receive, at most, three times this amount, or $3 million.
One way to increase your punitive damages is to increase the compensatory damages you receive. Hart Law understands how to make sensitive calculations for future expected losses, such as ongoing medical treatment or loss of earning capacity, as well as pain and suffering.
What if the Defendant Cannot Pay?
This is always a consideration in any type of accident case. Obtaining compensatory damages requires the defendant to have insurance or some pool of money to fund a settlement or pay a court judgment.
Some defendants will not have any insurance, or they only carry the state’s minimum. Currently, South Carolina only requires that drivers carry a minimum of $25,000 in bodily injury liability coverage, which jumps to $50,000 when two or more people are injured.
An experienced lawyer should fully review all sources of available compensation. If you were injured by a commercial driver or a rideshare worker, then more insurance is generally available under a business liability policy.
Speak with a DUI Accident Lawyer in a Free Consultation
Drunk driving accidents are one of the greatest threats to public safety. Too many South Carolinians are injured when an intoxicated motorist gets behind the wheel without any regard for the welfare or rights of others. Call Hart Law to speak with an attorney about your case. If hired, we can begin investigating the crash and find helpful evidence to establish liability.