Arizona Car Accident Damages Lawyers
Attorney Representation in Phoenix, Arizona Since 1996
What Are Punitive Damages and How Do They Relate to Arizona Car Accident Cases?
Punitive damages are a type of claim that is used to punish the at-fault party. When a claim is filed with the at-fault party or more typically, their insurance company, you can use a potential punitive damage claim to convince the other side to increase their offer and get a better settlement amount. Many times because of punitive damage claims, a claim can be worth literally millions of dollars more than it otherwise would be worth. That is because a punitive damage instruction to a jury allows a jury to punish the at-fault party for knowingly doing something that would cause injury to another party.
Punitive Damage Claims Can Increase the Value of an Arizona Personal Injury Claim
You may have heard of the McDonald's &hot coffee& case. In that case, the Judge instructed the jury that if they found McDonald's knowingly and with evil intent did something wrong, that the jury could punish McDonalds’s. The jury did just that and punished McDonalds with one day of coffee sales and awarded that to the Plaintiff in that case. The general public who heard about that case thought the award was totally ridiculous but that is most likely because no one understood that the Judge had instructed the jury on a punitive damage claim. In that case, McDonald’s had been warned many times that their coffee was too hot. McDonald’s chose to ignore all of the warnings by others and still kept their coffee temperature hotter than any other establishment selling coffee. McDonald’s did this because they felt that their coffee sold better when it was hotter. Thus, the punitive claim went to the jury and the jury punished McDonald’s.
Each case is different and an actual punitive damage claim is presented to a Judge, but it is the possibility of that punitive damage claim being granted by a Judge that will scare an insurance company or at-fault party into paying more than what would otherwise be paid on a case.
Arizona Car Accidents Caused by Drunk Drivers and Punitive Damage Claims
In Arizona car accident cases, if a driver is driving drunk, there is a possibility for a punitive damage claim. Every case is different, but driving drunk and hurting someone may be grounds for punitive damages. Putting all of the evidence together and showing why a Judge would grant an instruction to a jury can increase the value of the claim considerably. Other times punitive damages may be held is when truckers fall asleep at the wheel. If a trucker knowingly works over hours and does not abide by federal rules, it may be that the employer and trucker will be faced with a punitive damage claim.
Arizona State Drunk Driving Laws
In Arizona, drunk driving fines and penalties depend on how many times a person acquired a DUI offense. Driving while having a blood alcohol concentration of more than 0.08 is considered unlawful under ARS 28-1381. Anyone who falls under extreme DUI would have a BAC level of 0.15 or more. The history of the driver and the circumstances behind the car accident caused by the drunk driver can have an effect on whether or not the punitive damage claim will be upheld by a Judge. Presenting a punitive damage claim does not mean your case has to go to trial. It is merely using the presence of a punitive damage claim at trial as an argument to increase the value of the injury claim.
Should You Call an Arizona Car Accident Lawyer?
If you have been hurt by a drunk driver in a car accident or someone else who you think needs to be punished beyond typical circumstances, you should consult with an experienced Phoenix AZ car accident lawyer. Not every lawyer understands when punitive damages apply and when they do not. The statute of punitive damages is complicated and only lawyers who practice injury and wrongful death law are likely to be able to obtain the award that you deserve when an at-fault party deserves to be punished for his/her actions. Mark Breyer at Breyer Law Offices, P.C is an attorney who specializes in injury and wrongful death law and has been declared an expert by the State Bar of Arizona. Less than 2% of all attorneys in Arizona are experts in this area of law. Call for your free consultation at (602) 457-6222.
