Punitive Damages in Car Accident Cases Involving Reckless Driving
Reckless driving occurs when a person gets behind the wheel, displaying a conscious or intentional disregard for the safety of others. Reckless driving encompasses a variety of behaviors, placing pedestrians, bicyclists, and other motorists in inherent danger. Our legal system has a method for discouraging this behavior in both the civil and criminal justice systems. While criminal punishment may be imposed, you may be entitled to punitive damages if you pursue legal action on your own.
At The Law Office of Mark C. Tanenbaum, P.A., our team of professionals are dedicated to keeping individuals informed regarding their legal rights. In this blog, our Charleston car accident attorneys discuss compensation in reckless driving cases, as well as what limitations apply.
What is Considered Reckless Driving?
Reckless driving causes a significant number of serious injuries and fatal accidents each year. Generally, the following behaviors are considered reckless driving:
- Tailgating
- Excessive speeding (driving 25 miles per hour or faster than the posted speed limit)
- Drag racing
- Evading the police
- Weaving in and out of traffic
- Driving under the influence
- Ignoring traffic signs or signals
Criminal Penalties for Reckless Driving in Charleston, SC
Reckless driving is considered a misdemeanor in South Carolina, subject to criminal penalties. Even a first-time offender may be fined $200 and imprisoned for up to 30 days. Second and subsequent offenders may have their license suspended for three months.
Although the court may order the defendant to pay restitution, this only compensates victims for economic damages (financial losses that directly impact a person’s bank account). Pain and suffering, infliction of emotional distress, loss of consortium, and other noneconomic damages are not factored into restitution payments. Whereas there is no amount of money that can undo the harm you have endured, this reimbursement far from covers what you deserve. If you want to recover the entirety of your losses, you will need to file a civil suit.
Is There a Cap on Punitive Damages in Reckless Driving Cases in Charleston, SC?
Punitive or exemplary damages may be awarded in a civil suit when the wrongful party acts with willful or wanton disregard for the safety of others. As of December 2024, the maximum compensation that a plaintiff can recover in punitive damages in a personal injury case in South Carolina is either three times the amount of compensatory damages or $719,971 (whichever is greater). Unlike compensatory damages, punitive damages are designed to punish the defendant and deter society from acting in a similar manner.
Why You Should Hire a Personal Injury Attorney in a Reckless Driving Case
The circumstances behind any motor vehicle accident are often complex, requiring that you gather relevant evidence to establish the other party’s liability. Compensatory damages (economic and non-economic damages) are most commonly awarded in personal injury cases. To collect compensatory damages, the plaintiff must establish by a preponderance of the evidence that their version of events is “more likely than not” true. More specifically, the plaintiff has the burden of establishing that there is at least a 51% chance that they are telling the truth.
However, the burden of collecting punitive damages is much higher. A plaintiff that seeks punitive damages must prove by clear and convincing evidence that they are entitled to this compensation. The evidence must establish that the defendant acted with “willful, wanton, or reckless” disregard for your safety. At The Law Office of Mark C. Tanenbaum, P.A., our Charleston car accident attorneys are prepared to thoroughly investigate your matter to uncover any further information that will establish the at-fault party’s egregious conduct. While you may think that forgoing representation will save you in the end, the amount you saved in legal costs will only account for a minimal portion of what you lost in punitive damages.
Victim to a Reckless Driver? Reach Out to Our Charleston Car Accident Lawyers Now
Our justice system is designed to punish reprehensible conduct, given certain avenues and procedures are followed. Unfortunately, courts are less likely to award punitive damages, necessitating that you have reliable counsel in your corner. At The Law Office of Mark C. Tanenbaum, P.A., our Charleston car accident attorneys have helped countless individuals recover for their actual losses while obtaining punitive damages when appropriate. If you have suffered serious injuries due to a reckless driver, do not hesitate to contact our firm. To arrange your free consultation, we can be reached online or by calling (843) 577-5100.