Does Utah Law Allow Punitive Damages in Car Accident Cases?
Yes, Utah law permits punitive damages, but they are awarded under specific and often stringent conditions. These damages are typically intended to punish egregious conduct rather than compensate for losses, making them uncommon in standard car accident cases.
When Are Punitive Damages Awarded in Utah?
Punitive damages are generally awarded in cases involving extreme negligence or intentional misconduct. Here’s a closer look:
Non-DUI Car Accident Cases
To claim punitive damages, you must provide clear and convincing evidence showing that the at-fault party’s actions were:
- Willful and malicious
- Intentionally fraudulent, or
- Recklessly indifferent to the rights and safety of others.
DUI Car Accident Cases
In cases involving drunk or drugged driving, the burden of proof for punitive damages is lower. You only need to prove negligence by a “preponderance of the evidence,” the same standard as regular car accident claims.
Examples of Conduct That May Merit Punitive Damages
1. Provo School Crosswalk Accident
A driver traveling 80 mph in a school zone hits a pedestrian. This extreme recklessness could justify punitive damages.
2. Drunk Driving with Texting
A driver barely above the legal BAC limit (.05) is caught texting while weaving on the road before striking a pedestrian. The combination of DUI and erratic behavior may warrant punitive damages.
3. Excessive Speeding
A sober driver going 140 mph rear-ends another vehicle near Provo’s I-15 Exit 265. Such reckless speeding often qualifies as outrageous conduct deserving of punitive damages.
4. Prescription Drug Impairment
A driver under the influence of prescribed medications in therapeutic doses causes a head-on collision in Provo Canyon. If the medication impairs their ability to drive safely, this could lead to punitive damages.
Utah’s Statutes on Punitive Damages
1. Special Provisions for DUI Cases
Utah Code 78B-8-201 states that the heightened burden of proof for punitive damages doesn’t apply to DUI cases. The statute also covers:
- Motorboat operation under the influence.
- Providing or administering illegal substances that lead to harm or death.
2. Dram Shop Liability
Bar owners who overserve patrons who then drive drunk and cause accidents can also face punitive damages.
How Punitive Damages Are Distributed in Utah
Under Utah Code 78B-8-201(3):
- First $50,000: Goes entirely to the injured party.
- Excess Over $50,000: Split equally between the injured party and the State of Utah.
This unique approach helps ensure the state benefits from these awards as a deterrent against reckless conduct.
Types of Damages in Provo Car Accident Cases
- Economic Damages (Special Damages):
- Medical expenses.
- Lost wages.
- Non-Economic Damages (General Damages):
- Pain and suffering.
- Emotional distress.
- Punitive Damages:
- Awarded to punish and deter extreme negligence or willful misconduct.
Who Decides Punitive Damage Awards?
Punitive damages are determined by the factfinder, which can be either a judge or a jury. The judge first decides if punitive damages are allowed under the law, and the jury then decides whether they are warranted and, if so, the amount to be awarded.
Key Takeaways on Punitive Damages in Utah Car Accident Cases
- Punitive damages are rare and require clear evidence of egregious behavior.
- DUI cases have a lower burden of proof for punitive damages.
- Damages exceeding $50,000 are split between the injured party and the state.
If you’ve been injured by a drunk or reckless driver in Provo, UT, call or text Jake Gunter at (801) 373-6345. Let his nearly 20 years of trial experience work for you.
Contact Attorney Jake Gunter Today
📞 Call/Text (801) 373-6345
Get the compensation and justice you deserve.