Intentional Injuries With A Car Accident: What To Know

Posted on: 16 January 2023

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You might never guess that the driver who caused your accident did so on purpose. However, many drivers fail to use common sense when they get behind the wheel. Read on and find out what is different about an accident case that might not have been an accident at all. 

Negligence vs an Accident

Almost anyone can cause an accident. A moment of inattention, for example, could have serious consequences for others. However, when that inattention is caused by texting, it turns into negligence. This type of accident can be more difficult to cope with. Victims are often angry at the other driver and the devastation they caused by their lack of care.

Criminal Matters

In most cases, drivers that cause accidents through their own actions are subject to both criminal and civil penalties. They may be arrested at the scene, for example, if they were intoxicated at the time of the accident. Criminal cases may or may not affect your personal injury case. However, knowing that the other driver was arrested, charged, and convicted of a crime related to the accident could give more weight to your civil case.

Damages and Negligence

Your damages after an accident are known as compensatory damages. That means, as you might have guessed, that you can be compensated (paid) for the money you lost because of the accident. Those damages often include vehicle repairs, medical expenses, pain and suffering, and so on. However, in the case of egregious disregard for other drivers, punitive damages may also be part of the compensation.

What to Know About Punitive Damage

  • Punitive damages are not awarded in all cases, even those that involve drivers who acted on purpose.
  • It's not up to you or your personal injury lawyer to ask for punitive damages. Instead, the jury decides on them and sets the amount as well.
  • Although most lawsuit winnings are not taxable, punitive damages may be. Speak to a financial expert to find out more.
  • When punitive damages are awarded, they can be substantial. In many cases, they exceed the compensatory damages by quite a bit.
  • Punitive damages are meant to send a message to not only the other driver but to everyone else. If the public learns of a case of punitive damages involving a drunk driver, for instance, it may help deter others.

Find out more about accident negligence by speaking with a car accident lawyer.