Damages: Punitive Damages for Drunk Driving

Q. WHAT ARE PUNITIVE DAMAGES?

A. Punitive damages are applied in a Civil case to punish or to deter a person who has acted in a wilful and indifferent manner towards the rights and safety of another. A jury will consider the issue of punitive damages after they have found liability against a defendant.

Q. ARE PUNITIVE DAMAGES ALLOWED AGAINST A LIQUOR ESTABLISHMENT?

A. It is unclear whether there is a right to sue for punitive damages in a dram shop case, but there is a statute which allows for a right to sue a drunk driver for punitive damages.

Q. HOW ARE PUNITIVE DAMAGES USED AGAINST A DRUNK DRIVER?

A. After a claim has been filed with the court and discovery is completed, the attorney for the injured party must make a motion to the Court for permission to add the claim of punitive damages to the complaint. The Court has the discretion to grant the motion.

Q. WHAT NEEDS TO BE PROVED IN A PUNITIVE DAMAGES CLAIM AGAINST A DRUNK DRIVER?

A. In a civil action involving a motor vehicle accident, evidence that the accident was caused by a driver:

1) with a blood alcohol concentration of .10 or more;

2) who was under the influence of a controlled substance; or

3) who was under the influence of alcohol and refused to take a test required under Minn. Stat. 169A.51, subd. 1( i.e. the implied consent mandatory chemical test for suspected DWI], is sufficient for the trier of fact to consider an award of punitive damages. Minn. Stat. § 169A.76.

 

A criminal charge or conviction is not a prerequisite to consideration of punitive damages under this subdivision. At the trial in an action where the trier of fact will consider an award of punitive damages, evidence that the driver has been convicted of violating this section [making it illegal to operate a vehicle with a blood alcohol level in excess of .10], Minn. Stat. § 169A.20 [DWI after revocation of a license], or Minn. Stat. § 609.21 [vehicular homicide] is admissible into evidence. Minn. Stat. § 169.76 (2001).

This statute was a firm statement by the legislature that driving with a .10 blood alcohol is egregious conduct in its own right.

Q. IF THE DRUNK DRIVER DEFENDANT HAS FEW OR NO ASSETS, WHY WOULD THE ATTORNEY BRING THIS CLAIM FOR PUNITIVE DAMAGES?
A. The amount of punitive damages is not limited by an upper cap or a minimum cap. Even if the jury awards only a few hundred dollars in punitive damages, it is worth the effort; the money will come out of the person’s own pocket, as opposed to the insurer’s pocket and may act as a deterrent to future drunk driving.

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