Founding Partner
If you’ve been injured in a car accident, one of the first questions is who was at fault. In North Carolina, when the other driver faces a criminal conviction for reckless driving, that fact can carry real weight in your personal injury claim. A conviction doesn’t just confirm dangerous behavior; it can also affect the damages you’re entitled to pursue. In some cases, it may open the door to punitive damages—compensation meant to punish reckless conduct and deter others from engaging in the same behavior.
Negligence vs. Willful or Wanton Conduct
Most accident cases involve negligence, such as failing to yield, rolling through a stop sign, or simply not paying attention. Compensation in those cases is generally limited to compensatory damages, which cover medical expenses, lost income, property damage, and pain and suffering.
Punitive damages are only available when a driver’s actions go beyond negligence. Under N.C. Gen. Stat. § 1D-15, they may be awarded if the driver engaged in willful or wanton conduct. This means acting with a conscious disregard for others’ safety, knowing, or having reason to know that the behavior was likely to cause harm. It requires more than gross negligence and shows a deliberate indifference to the consequences.
A reckless driving conviction often helps demonstrate this higher standard, showing the driver’s behavior was more than a careless mistake.
When Punitive Damages May Apply
Not every reckless act leads to punitive damages, but certain circumstances regularly meet the threshold in North Carolina courts:
- Driving While Impaired (DWI/DUI): The most common basis for punitive damages. A drunk or drug-impaired driver who causes a crash can almost always expect this issue to be presented to the jury. Importantly, punitive damages in DWI cases are not capped under state law.
- Reckless Driving and Excessive Speeding: Grossly excessive speed, racing on public roads, or weaving through traffic may qualify as willful or wanton conduct.
- Texting While Driving: Although texting is often treated as negligence, courts are beginning to recognize that texting while driving, particularly at highway speeds, can rise to the level of reckless behavior.
It’s important to understand that the reckless act must be the cause of the injury. For example, a driver who leaves the scene after a collision may face criminal penalties for hit-and-run, but that flight does not create a punitive damages claim because it happens after the harm is done.
Limits on Punitive Damages in North Carolina
Punitive damages are not unlimited. Under North Carolina law, they are capped at three times the compensatory damages or $250,000, whichever is greater. This cap is designed to prevent excessive awards. However, there is an important exception: if the driver was impaired by alcohol or drugs, the cap does not apply.
Punitive damages may be available for both personal injury and property damage claims, as long as the reckless behavior was the direct cause of the loss.
Why a Reckless Driving Conviction Matters
When the at-fault driver is convicted of reckless driving, it can strengthen your claim in several important ways:
- Stronger Evidence: The conviction is clear proof that the driver’s conduct exceeded ordinary negligence.
- Support for Punitive Damages: With a conviction on record, it becomes easier to argue that the driver acted with willful or wanton disregard for safety.
- Settlement Leverage: Insurance companies may be more willing to resolve the case rather than risk a jury awarding significant punitive damages.
It’s worth noting that a conviction is not always required. Even without one, you can pursue punitive damages by presenting strong evidence of reckless behavior. Still, having a conviction makes the path to recovery more straightforward.
How Bradford Law Can Help
Reckless driving accident cases are often more complex than ordinary negligence claims. Insurance companies may push back against punitive damages or try to downplay the driver’s conduct. That’s why having the right legal team matters.
At Bradford Law, we will:
- Investigate your accident,
- Review any citations or criminal convictions,
- Gather evidence of willful or wanton conduct, and
- Pursue every form of compensation available.
We are committed to holding reckless drivers accountable and helping you recover the compensation you need to move forward.
Take the Next Step After a Reckless Driving Accident
Being injured by a reckless driver can leave you with serious injuries, financial stress, and many questions about your legal rights. When a conviction for reckless driving is involved, the stakes are even higher, and you may be entitled to punitive damages in addition to standard compensation.
At Bradford Law, we will review your case, explain how the conviction may impact your claim, and fight for the maximum recovery available under North Carolina law. If you or a loved one has been hurt by a reckless driver, don’t wait to get legal guidance. Call Bradford Law today to schedule a free consultation and learn how we can help you hold reckless drivers accountable.
