A mature woman sits behind the wheel and drinks brandy

Seeking Punitive Damages in Cases of Reckless Driving and Intoxication in Automobile Accidents

By Jeremy Bradford
Founding Partner

When a drunk driver causes an accident that leaves you injured, you may feel angry, frustrated, and overwhelmed. At Bradford Law, we understand these emotions and want to help you seek justice. In cases involving intoxicated drivers, you may be entitled to pursue punitive damages in addition to compensation for your medical expenses, income losses, and pain and suffering. An experienced North Carolina drunk driving accident attorney can help you understand whether your case might qualify for punitive damages.

What Are Punitive Damages?

Punitive damages go beyond compensating you for your losses. Courts award them to punish particularly egregious behavior and deter others from similar actions. The relevant statute stipulates that punitive damages may be awarded when the defendant has acted with fraud, malice, or willful or wanton conduct. Drunk driving often falls into this last category due to its reckless nature and potential for severe harm.

Why Pursue Punitive Damages?

When a drunk driver has left you with overwhelming medical bills and rendered you incapable of working, the desire to seek compensatory damages is relatively self-evident. However, some injured individuals are uncertain about the benefits of seeking punitive damages. At Bradford Law, we believe the following three factors underlie your claim for punitive damages:

  • Accountability – Punitive damages hold drunk drivers fully responsible for their actions.
  • Deterrence – They send a strong message to discourage others from driving while intoxicated.
  • Additional Compensation – Punitive damages can provide extra financial support as you recover.

Proving Your Case for Punitive Damages

To seek punitive damages in North Carolina, we must show that the drunk driver acted with malice, willful or wanton conduct, or gross negligence. Driving while intoxicated often meets these criteria due to:

  • The deliberate decision to drink and drive
  • A disregard for the safety of others
  • The violation of clear laws against drunk driving

The experienced drunk driving car accident attorneys at Bradford Law know how to build a robust case for punitive damages. We will gather evidence such as police reports, DUI test results, eyewitness statements, and expert testimony on the effects of intoxication on motorists. If applicable, we will show that the driver has had a history of DUI offenses, demonstrating that punitive damages are a necessary means of putting a stop to this reckless behavior.

Limitations on Punitive Damages

Under North Carolina law, punitive damages are typically capped at three times the amount of compensatory damages or $250,000, whichever is greater. However, this cap is removed if the injury is caused by a defendant operating a motor vehicle while impaired. We will work to maximize the compensation you may receive..

Why Choose Bradford Law?

When seeking punitive damages after a drunk driving accident, your choice of attorney is one of the most consequential decisions you will make. You should choose Bradford Law to handle your case for the following reasons:

  • Experience – We have served injured individuals in North Carolina for over a decade and have a proven track record of handling drunk driving accident cases.
  • Dedication – We are committed to fighting for the justice and compensation you deserve.
  • Compassion – We understand the trauma you have experienced and provide personalized support.
  • Local Knowledge – As a Charlotte-based firm, we have relationships within the local legal community, including with expert witnesses, that enable us to provide strong representation to our clients.

While the aftermath of a drunk driving accident can feel like a nightmare, getting the appropriate support and advocacy can help you chart your path toward a brighter future. Let the experienced North Carolina car accident attorneys at Bradford Law help you pursue the full compensation you deserve, including punitive damages when appropriate. Contact us today for a free, no-obligation consultation to discuss your case and learn how we can help. We look forward to getting to work for you.

About the Author
I am Jeremy Bradford, the founding and managing attorney of Bradford Law. From my offices in Charlotte, NC, I travel all across North Carolina helping injured people fight against insurance companies, in what could be life-altering circumstances. I have made a point to develop strong relationships with my clients. I take the trust my clients put in me personally and put myself into every case. If my client calls, my client will always be able to speak directly with me. You will get to know me as we work our way through the personal injury process. So when we make recommendations on whether to settle or go to trial, you will know your best interests are always at heart.