Punitive Damages in Fresno DUI Accident Case

Most people don't realize that as a result of a DUI accident where a victim is injured, the victim may be able to recover what is known as punitive damages.  Punitive damages are unique damages that are based upon the reprehensible nature of the defendant's conduct, his or her disregard for the likelihood of causing injury, the defendant's financial status and the amount that should be paid to discourage future misconduct.   In California, our supreme court has held that these type of damages are recoverable against a DUI driver who causes injury. (Taylor v. Superior Court (1979)  24 Cal.3d 890).  This is why, if you've been injured in an accident caused by someone driving under the influence, it is important that you reach out and call a Fresno Injury Attorney as soon as possible to prosecute your claim and protect your rights.

The statute that sets forth punitive damages as a possible remedy is in California Civil Code section 3294.  It says that if someone acts maliciously, the injured party may recover damages to set an example and punish the wrongdoer.  In the case, for the young man accused of killing two people in Clovis last month, there is the high likelihood, whether or not he is found guilty, that he will be sued civilly.  While the least of his concerns at this point, he could also face the prospect of paying out punitive damages to the families of his alleged victims.  In the event of a collision involving someone driving under the influence, if you or someone you know has been hurt, you should seek the advice of a knowledgeable personal injury lawyer in Fresno.