Posted by on Nov 4, 2016 in Automotive Dangers | 0 comments

Time and time again we have been constantly reminded of the dangers of drunk driving. One cannot deny the effects of alcohol on the judgment and decision making capability of a driver. While there have been efforts to curb drunk driving, there are still negligent drivers who endanger the lives of pedestrians and other drivers. According to the website of Zavodnick Zavodnick & Lasky, DUI can severely inhibit a driver’s motor function and reaction time, which is important when driving a car.

Aside from being criminally charged, a drunk driver also faces stiff penalties as a result of the injury they have caused. Under the law, the plaintiff is entitled to receive monetary damages to indemnify them from potential losses or injury. Monetary damages are designed to help replace what the plaintiff lost. Another kind of damage that the court may award to the plaintiff is punitive damage.

The aim of punitive damages is to punish the defendant for their malicious or reckless behavior. While monetary damages are awarded by the court, punitive damages will come from the defendant. They are in place in order to protect the public and warn others that committing a similar crime will subject them to similar penalties. While it is allowed by the judge, it will still be the decision of the jury on whether or not punitive damages will be granted.

In general, punitive damages are awarded for outrageous behavior. These are acts that are done with a bad motive or with a reckless indifference to the interest of others. Because of its potential to cause harm and serious injury, drunk driving has been considered as outrageous conduct. In awarding punitive damages, the jury should consider not only the actual accident but also the circumstances surrounding it such as motive, relationship of the parties involved in the accident, provocation, and the driving history of the driver.

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