Suing Drunk Drivers for Punitive Damages

In Georgia, juries are not reluctant to impose punitive damages against drunk drivers. It is common knowledge that drunk driving is a grave danger to the motoring public. Anyone who gets behind the wheel after having consumed intoxicating drugs or beverages obviously poses a risk of danger to the public. In Georgia, many years ago, the Georgia Legislature limited the imposition of punitive damages in tort cases to $250,000.00. This limitation in punitive damage awards was part of a “tort reform” effort of the business community years ago to keep damages low in tort cases, particularly where a business was sued. Nonetheless, in recognition of the dangers caused by drunk drivers, the legislature did carve out an exception for those who get behind the wheel after having consumed drugs or alcohol.
In a typical negligence case involving speeding, running a red light or other similar acts of negligence which result in injuries to third parties, punitive damages may not even be available because the conduct is not so egregious or aggravating as to justify an award solely to punish, penalize or deter a defendant which, of course, is the primary purpose of punitive damages. However, in a tort case where drugs or alcohol are involved, the Georgia Legislature has specifically stated that a jury is entitled to return any amount of money they deem appropriate as a punishment and penalty. Indeed, O.C.G.A. § 51-12-5.1(f) specifically states that with respect to defendants who “acted or failed to act” while under the influence of alcohol, drugs other than lawfully prescribed drugs “there shall be no limitation regarding the amount that may be rewarded as punitive damages against an act of tortfeasor. . .” Thus, in a drunk driving case, a plaintiff who suffers serious injures, wrongful death or otherwise is injured by such egregious misconduct is not limited to the statutory limitation of $250,000.00 (which is true in any other negligence case) but may recover amounts in excess of this $250,000.00 solely in the discretion of the jury.
In all cases we handle on behalf of our clients where drunk driving or drugs are involved in the negligent act which resulted in damages to our innocent clients, we always seek punitive damages and attorney’s fees. In any case where there is a basis for punitive damages, there is also a basis for attorney’s fees. Indeed, in Georgia, in any case where there is bad faith in the underlying transaction, not only may a jury award punitive damages, they may also award attorney’s fees. Our experience is that a Georgia jury is never reluctant to award such damages in a drunk driving case because such damages are appropriate to punish, penalize and deter those defendants who wreak havoc on the innocent members of the motoring public due to their voluntary intoxication.