by KPMLAW | Oct 17, 2016 | KPMBlog, News, Uncategorized, Updates
Written by Danny Royce, Esq. Edited by Janeen Koch, Esq. Virginia law allows for compensatory and punitive damages against drunk drivers in motor vehicle accident cases. In order to recover punitive damages, the conduct of the defendant must be willful and wanton. There are two types of punitive damages that can be awarded in these cases – statutory and common law. This article will focus on statutory punitives and a recent amendment to the Virginia Code allowing for evidence of defendant’s post-accident conduct in affixing the amount of punitive damages to be awarded. As a preliminary matter, Virginia Code Sec. 8.01-44.5 permits awards of punitive damages for persons injured by intoxicated drivers. The statute states in pertinent part, “[i]n any action for personal injury or death arising from the operation of a motor vehicle…the finder of fact may, in its discretion, award punitive damages to the plaintiff if the evidence proves that the defendant acted with malice toward the plaintiff or the defendant’s conduct was so willful or wanton as to show a conscious disregard for the rights of others.” The statute goes on to set forth conditions, which proven at trial, are sufficient to constitute willful and wanton conduct. Pursuant to the statute, a defendant’s conduct “shall” be deemed “sufficiently willful or wanton as to show a conscious disregard for the rights of others” under the following circumstances: a) the defendant had a blood alcohol concentration of 0.15 percent or more by weight by volume or 0.15 grams or more per 210 liters of breath; b) at the time the defendant began drinking alcohol (or during the time...
