Question: What do you have to show to get an award of punitive damages against a drunk driver?
Answer: Unlike compensatory damages, which are intended to make the plaintiff whole, punitive damages ‘have historically been viewed as designed to deter and punish wrongful activity. In civil cases, punitive damages may be awarded upon a showing of willful and wanton misconduct such that the defendant subjected other persons to probable injury, with an awareness of such impending danger and with heedless indifference of the consequences. Whether punitive damages may be awarded is usually a question of fact. Our Supreme Court has held that “the intoxicated driver is guilty of willful and wanton misconduct when he deliberately assumes control of an automobile and places it upon a public highway.
Further, the Indiana courts have held that gross negligence is a proper basis for an award of punitive damages. Our Supreme Court has defined “gross negligence” as a conscious, voluntary act or omission in reckless disregard of … the consequences to another party. The courts are also going to require proof of a violation of law along with proof of intoxication to support such a claim. Finally, Indiana Code requires that a punitive damages award may not exceed three times the amount of the compensatory damages award as well as having a large portion of the award go to the State of Indiana.
