Intoxicated drivers cause a significant safety issue on our roadways. Aside from being a crime to drive a vehicle in Florida while intoxicated by alcohol, a drunk driver is also subject to punitive damages in a civil lawsuit. Section 768.736, Florida Statutes creates an exception that allows a court to award punitive damages against a driver who's normal faculties were impaired by alcohol or who had a blood or breath alcohol level of 0.08 percent or higher.

Punitive Damages

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In Florida, punitive damages are typically not covered by insurance and must be awarded in proportion to the defendant's ability to pay. Sadly, there are some cases where punitive damages are simply not effective in deterring bad conduct. With those drunk drivers, the public can only rely on the criminal justice system to do its job to deter such behavior. However, there are also a lot of people who stand to lose something by driving drunk. This is a reason why insurance companies pay particular attention to drunk driving claims. If an insurance company knows that their insured was driving drunk (because of either an admission or a BAC level of 0.08 percent or higher), then the value of the case is usually adjusted upward.

The decision to go after someone for punitive damages under Florida law is an important one. If you or a loved one suffered an injury due to a Lakeland drunk driving accident, please contact a Lakeland car accident lawyer for a free consultation of the merits of the case. Each case is different and should be analyzed based on a variety of factors. Please contact us today to discuss your case.