When Can You Get Punitive Damages in Rochester Car Accident Case?

After a Rochester car accident, compensatory damages can cover your financial losses, but sometimes they aren’t enough. When a driver’s actions go beyond ordinary negligence, such as in cases of drunk driving or road rage, you might also be able to pursue claims for punitive damages. At Horn Wright, LLP, our personal injury attorneys will guide you through your claims for compensatory damages and, if able, pursuing claims for punitive damages as well.

What Are Punitive Damages in NY?

Punitive damages (also called “exemplary damages) are designed to punish a defendant for behavior that is reckless or malicious. Punitive damages go beyond compensating an injured person for pain and suffering by making a defendant pay additional money to discourage similar behavior in the future. Although possible, Rochester courts don’t often award punitive damages in car crash cases because much of the at-fault driver’s conduct doesn’t rise to the necessary levels.

The first thing to understand is the difference between punitive damages and compensatory damages. Compensatory damages are designed to “compensate” an injured person to make them whole again, and cover:

• Medical expenses: Costs related to emergency care, surgeries, rehabilitation, and any long-term treatments;
• Lost wages: Income lost due to time missed from work;
• Pain and suffering: Physical pain, emotional distress, and reduced quality of life

Punitive damages only come into play if the defendant’s actions were reckless or malicious. A driver who simply makes a mistake while driving typically won’t face punitive damages. But if that driver acted with a blatant disregard for the safety of others, such as by driving under the influence or engaging in street racing on a busy street like Lake Avenue in Rochester, punitive damages can come into play.

How are Punitive Damages Calculated in Rochester Car Accident Cases?

To pursue punitive damages in a Rochester car accident case, you need to first show the at-fault driver’s actions went beyond simple negligence. New York courts require you to meet a high threshold to seek punitive damages. You must show that the driver acted with recklessness, gross negligence, or intent to cause harm.

Not every car accident qualifies for punitive damages, but courts will allow them in cases involving extreme conduct. Common examples that may support a claim for punitive damages include:

• Drunk Driving: Courts can consider driving under the influence to be reckless enough to warrant punitive damages. By choosing to drive while impaired, the driver disregards the known dangers of impaired driving and endangers everyone on the road. A patron leaving a bar on Alexander Street intoxicated and then speeding down I-490 would be such an example.
• Road Rage: Intentionally aggressive driving, tailgating, swerving at another vehicle, or speeding excessively, reflects a disregard for the safety of others. Courts can award punitive damages in cases where road rage leads to an accident.
• Hit and Run: Fleeing the scene after causing a car crash is not only illegal but also shows a complete disregard for the well-being of the injured party. Rochester courts can view hit-and-run cases as appropriate for punitive damages because of the driver’s actions.
• Excessive Speeding or Reckless Driving: Excessive speeding, especially in populated areas like Jefferson Road, school zones, or during adverse weather conditions, can justify punitive damages. When a driver knowingly endangers others by ignoring traffic rules, their behavior may qualify as reckless.

The common thread in all of these situations is the intentional or the complete disregard for safety of others. Rochester courts will analyze these types of behaviors closely to determine whether they meet the threshold to allow punitive damages.

What Factors Do Courts Look at When Awarding Punitive Damages?

There is technically no fixed formula for calculating punitive damages. In a Rochester car accident case, a Monroe County Supreme Court jury would consider multiple factors to decide on the amount. Punitive damages are designed to punish rather than compensate, so the amount will depend on the specifics of case and these factors:

• Degree of Recklessness: Courts will look at the severity of the driver’s actions. If their behavior goes beyond an ordinary mistake and shows a blatant disregard for others’ safety, it can support punitive damages. Speeding through a red light in a busy Rochester intersection indicates extreme carelessness that endangers multiple lives and could support an award of punitive damages.
• Past Behavior of the Driver: If the driver has a history of similar reckless behavior, like prior DUI convictions, and this incident involves driving intoxicated this history could support punitive damages.
• Intent or Malicious Motive: If there’s evidence the driver acted with a malicious intent to harm, this increases the odds of allowing for punitive damages. Intentional acts like ramming another vehicle or intentionally causing a crash demonstrate the level of intent needed for punitive damages.
• Effect on Public Safety: Courts consider the broader impact of the behavior. If awarding punitive damages would send a clear message that deters others from engaging in similar dangerous conduct, the court may be more likely to grant them.

These factors allow a Rochester court to determine if punitive damages serve the purpose they’re designed to accomplish. The goal is not just to provide additional compensation but to emphasize accountability for reckless behavior.

What Should You Do if You Think Punitive Damages Apply to Your Car Accident Case?

If you think your car accident case may qualify for punitive damages, working with an experienced Rochester personal injury lawyer can increase your chances of recovery. Proving punitive damages requires strong evidence, but these are some of the things that can help build your case for punitive damages:

• Gather Evidence of Recklessness: Collect any information that demonstrates the driver’s dangerous behavior. If they were speeding, distracted, or under the influence, police reports, traffic camera footage, or witness statements are some types of evidence you want to obtain.
• Document the Full Impact of the Accident: Punitive damages build on the foundation of compensatory damages. Confirm you have detailed documentation of your injuries, medical treatments, lost wages, and any pain and suffering you experienced from the car crash.
• Consider Expert Testimony: Experts in accident reconstruction, psychology, or medical fields can provide detailed background information that supports your claim. An accident reconstruction expert, for example, can show in detail how an at-fault driver’s actions were reckless. Your lawyer can help find local experts familiar with New York laws and Rochester-specific case details.
• Work with a Skilled Rochester Personal Injury Lawyer: Building a case for punitive damages requires legal expertise. An attorney at Horn Wright, LLP, can help you meet the high threshold of proof for punitive damages, and gather the evidence necessary to prove it.

A strong personal injury case will show a court, jury, or insurance company that punitive damages serve a legitimate purpose, increasing your chances of receiving fair compensation.

Why Do You Need a Rochester Personal Injury Lawyer to Obtain Punitive Damages?

Pursuing a claim for punitive damages in a car accident claim isn’t an easy task. A Rochester-based lawyer brings several advantages that you’ll want in your favor. An attorney at Horn Wright, LLP, will help your case for punitive damages with:

• Knowledge of New York Law: They’ll be familiar with New York law, and the perspective of Rochester judges, as to the high threshold for punitive damages, and know how to meet that standard.
• Experience with Local Courts: Rochester courts have unique precedents and tendencies when it comes to punitive damages in car accident cases. A local Horn Wright, LLP, attorney will know specific judges and courts are likely to approach your claim for punitive damages, making it easier to tailor your case.
• Access to Local Resources and Experts: Rochester-based lawyers work with local experts, like accident reconstruction specialists or medical professionals, who you’ll need to support your case. They know who can, and will, present effective testimony to support your case.
• Contingency Fee Arrangements: At Horn Wright, LLP, we work on a contingency basis, meaning you only pay if we win your case. A contingency fee structure allows you to pursue punitive damages without worrying about upfront costs.

Pursue a Claim for Punitive Damages With a Legal Team You Can Trust

Punitive damages are designed to hold reckless drivers accountable, but securing them in a Rochester car accident case requires strong strategy and evidence. At Horn Wright, LLP, our team of car accident lawyers has the local knowledge and experience you need to win your case.

If your accident involved extreme misconduct, call Horn Wright, LLP, today at (585) 245-0255 to begin your case by speaking with one of our seasoned Rochester attorneys.