Car accidents can be a traumatic experience. Crashes caused by a DUII driver or during a road rage incident can be even more traumatic and sometimes they are downright terrifying. In Oregon, victims of car accidents may be entitled to punitive damages if the accident was caused by the intentional or reckless behavior of another driver. Punitive damages are designed to punish the at-fault driver and deter similar behavior in the future. To put it another way, Civil law is used in conjunction with criminal law to punish the at-fault driver for driving under the influence or driving recklessly.
The Oregon punitive damages statute for car crashes is outlined in ORS 31.730. Under this statute, a plaintiff may be entitled to punitive damages if the defendant acted with malice, fraud, or oppression, or if the defendant’s conduct was so outrageous that it warranted punishment. Malice refers to a state of mind where the defendant acted with the intent to harm the plaintiff.
To be awarded punitive damages in an Oregon car crash case, the plaintiff must prove by clear and convincing evidence that the defendant acted with malice. This is a higher standard of proof than the preponderance of the evidence standard used in civil cases. Clear and convincing evidence means that it is highly probable that the defendant acted with malice, fraud, or oppression.
In addition to proving the defendant’s behavior was malicious, the plaintiff must also show that they suffered actual damages as a result of the car accident. Actual damages refer to the financial losses and expenses that the plaintiff incurred as a result of the accident, such as medical bills, lost wages, and property damage. Punitive damages are designed to supplement actual damages, not replace them.
There are certain situations where punitive damages may be more likely to be awarded in a car accident case. For example, if the defendant was driving under the influence of drugs or alcohol, they may be considered to have acted with malice or oppression. A driver engaged in speed racing or road rage will likely have punitive damages awarded against them. Similarly, if the defendant was texting while driving or engaging in other distracted driving behaviors, they may be considered to have acted recklessly but it is not as clear cut as a DUII or road rage incident.
It is important to note that punitive damages are not awarded in every car accident case. They are reserved for cases where the defendant’s behavior was particularly egregious and where actual damages alone are not enough to adequately compensate the plaintiff. In most cases, a plaintiff will only be entitled to actual damages, which can still be significant.
If you are involved in a car accident in Oregon, it is important to speak with an experienced personal injury attorney such as Jeremiah Ross at Ross Law PDX at 503.224.1658 who can advise you on your legal rights and options. Jeremiah Ross and Ross Law PDX can help gather the evidence necessary to prove your case and maximize your recovery. Ross Law PDX can also negotiate with the insurance company on your behalf to ensure that you receive a fair settlement or take the case to a jury trial if needed.
Please remember this post is for informational purposes only and is not to be relied upon for legal advice. Every situation is different, so you should rely on a lawyer’s advice and not solely on this informational blog post. Please also remember Oregon Law is constantly changing, so this blog may not have the most updated law.