The tragic death of five teenagers on the Palmetto Expressway because of a drunk driver going the wrong way puts a spot light on the issue of punitive damages for drunk driving in Florida.
Florida law clearly recognizes that persons injured by a drunk driver are not only entitled to “compensable damages” –damages intended to compensate for one’s injuries such as medical bills, lost earnings, and pain and suffering–but also damages intended to punish the drunk driver.
Florida law treats punitive damages resulting from drunk driving differently than punitive damages in other cases. Rather than requiring “clear and convincing” evidence, drunk driving can be proven by “the greater weight of the evidence,” a much lower standard.
Also, unlike other punitive damages cases, there is no cap on the amount that can be recovered when punitive damages are sought for drunk driving.
Insurance does not provide coverage for damages resulting from drunk driving. Insurance only covers for damages resulting from “Negligent” or :”Careless” conduct; whereas, drunk driving is intentional. But a good personal injury lawyer will still press for such damages–to anger a jury, and to pressure the insurance company to pay its policy limits.
