To get punitive damages for a car accident case in Georgia, you must present clear and convincing evidence that the defendant’s behavior was careless or reckless enough to warrant financial punishment. Courts award punitive damages to deter the defendant from repeating malicious or dangerous behavior in the future. They do not award them to compensate car accident victims for their losses.
If you or a loved one suffered injuries in an auto collision in Georgia, our car accident lawyer in Atlanta can advise you on your recoverable damages and whether you can seek punitive damages. Call us today for a free consultation.
When Victims Can Seek Punitive Damages in a Georgia Crash
Not all car accidents happen because a driver behaves extremely recklessly or dangerously. However, in cases that do involve this kind of behavior, victims might be able to recover punitive damages.
The state limits these damages to $250,000, as outlined in O.C.G.A. § 51-12-5.1(g). Working with a personal injury lawyer in Atlanta can help you understand how the law applies to your case and what you will need to
The following scenarios show which kinds of car accidents could qualify for punitive damages:
- Aggressive driving: This includes road rage incidents, where a driver intentionally acts aggressively or harmfully toward other road users. This behavior includes tailgating, weaving through traffic, or cutting off other vehicles dangerously. If the driver who caused your accident acted this way, our Atlanta road rage accident lawyer can build a damages case that punishes the driver.
- Distracted driving: Punitive damages might be under consideration if the driver wasn’t paying to the road in a grossly negligent way before the crash happened. Motorists who text or use social media while driving are at risk of causing an accident.
- Excessive speeding: Driving at speeds significantly over the posted legal limit might lead to punitive damages if such behavior causes a collision This especially applies to areas with high pedestrian traffic or conditions requiring lower speeds, such as school zones or construction areas.
- Hit and run cases: It is against state law to leave an accident scene, especially when significant property damage or potential for injury occurred. Our Atlanta hit and run accident lawyers can make your case for punitive damages if you have been in a collision like this, as this behavior reflects a conscious indifference to the consequences.
- Vehicle maintenance negligence: If poor vehicle upkeep was a factor in or caused the crash, the court may find the driver owes punitive damages. This can happen when a vehicle’s owner blatantly ignored or was aware of and did not address problems with the vehicle, such as failing to replace worn tires or brakes.
Do Punitive Damages Apply to DUI Accidents in Georgia?
If the at-fault driver caused the accident after driving under the influence of alcohol or drugs, a court can award punitive damages. The legal blood alcohol concentration (BAC) level in Georgia is 0.08% for non-commercial drivers and 0.04% for commercial drivers. If the driver is under 21, the legal drinking age, the BAC limit is 0.02%.
If a driver exceeds these limits, they are legally drunk and can be liable for crashes they cause. Because Georgia does not tolerate driving while under the influence (DUI), it lifts the cap from punitive damages in cases involving impaired driving. In other car accident cases, the $250,000 cap applies.
How Our Lawyers Can Prove a Case for Punitive Damages
Your case’s specifics will determine if a court will penalize the defendant for grossly negligent behavior. Per the law, anyone who pursues punitive damages in Georgia must present “clear and convincing” evidence that such damages are warranted.
Our Atlanta auto injury lawyers can collect evidence from the accident scene and other places to make your case for punitive damages. Proving these losses requires going beyond showing how the defendant’s actions were negligent. We also must show how their behavior rose to willful misconduct and malice that a court would consider it extreme to warrant such damages.
We will investigate to recover compelling evidence, which could include the following:
- Eyewitness testimony: Statements from people who saw the accident or the defendant’s behavior leading up to it can provide critical insights into the defendant’s reckless or malicious actions.
- Expert testimony: Experts, such as accident reconstruction specialists or medical professionals, can help establish the severity and consequences of the defendant’s actions, and how they deviated from the standard care or legal conduct.
- Documentation of the defendant’s state: In cases involving DUI, for instance, police reports, breathalyzer or blood test results, and arrest records can serve as strong evidence of the defendant’s recklessness.
- Video and photographic evidence: Dashcam footage, surveillance videos, and photographs from the crash scene can visually show the circumstances of the accident and the defendant’s negligent behavior or willful misconduct.
- Records showing prior misconduct: Evidence of the defendant’s past similar offenses or patterns of reckless behavior can support the argument that they have consistently disregarded others’ safety.
- The defendant’s communications: Text messages, emails, social media posts, or other communications that indicate the defendant’s state of mind or intentions during the accident can show the defendant’s negligence.
- Physical evidence from the crash scene: Debris, skid marks, vehicle damage, and any other physical evidence from the accident scene that can indicate recklessness, such as signs of excessive speed or failure to attempt to avoid the accident.
You Can Recover Other Damages for a Georgia Car Accident
Our attorneys will also work to recover your actual costs from the accident (economic damages) and intangible losses (non-economic damages). These include:
- Medical expenses
- Rehabilitative therapy fees
- Lost income
- Loss of income-earning capacity
- Property damage
- Pain and suffering
- Other related losses
We can document your compensatory damages with billing statements, receipts, income statements, and other paperwork. We will use our legal experience and other methods to determine how much compensation you can pursue for intangible losses since they do not have a fixed financial value.
Wrongful Death Damages
If your loved one suffered fatal injuries, our legal team will work to recover damages for their medical care, lost income, and funeral and burial expenses. If you want to seek punitive damages for a wrongful death case in Georgia, you will have to request that the deceased person’s estate file a survival claim. This claim allows the decedent’s estate to pursue punitive damages that the victim could have sought had they survived.
Call Us Today for Legal Help for a Car Accident in Georgia
If you or a loved one suffered injuries in a car accident in Georgia, you could get punitive damages if a court determines their negligent behavior was severely damaging enough to deserve punishment.
We urge you to call or contact us today for an evaluation of your case during a free consultation. Car accident cases have a deadline, so the sooner you reach out to us, the sooner we can let you know your legal options and how long you have to sue after an accident.
