In the typical car accident that was caused by the other party, you are entitled to recover medical costs, lost wages, pain and suffering, and loss of enjoyment of life. But suppose the driver who hit you was drunk at the time of the accident; can you recover punitive damages against the offending driver?
California law permits the award of punitive damages where there has been evidence that the defendant engaged in conduct that was guilty of oppression, fraud, ormalice. Malice is defined as “conduct which is intended by the defendant to cause injuryto the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” “Oppression” means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of the person’s rights.
The adjective “despicable” means conduct that is so vile, base, contemptible, miserable; it means wretched, or loathsome conduct that would be looked down upon and despised by ordinary decent people.
Punitive damages are appropriate if the defendant’s acts are reprehensible, fraudulent, or in blatant violation or law or policy. The mere carelessness or ignorance of the defendant does not justify the imposition of punitivedamages. Punitive damages are proper only when the tortious conduct rises to levels of extreme indifference to the plaintiff’s rights, a level which decent citizens should not have to tolerate.
A person who becomes intoxicated knowing that he or she will get behind the wheel to drive home or to some other place acts with callous disregard of the right of others on the road or sidewalk, and should be liable for punitive damages in addition to the standard general and special damages.
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