Los Angeles Personal Injury Attorney Blog
In California, driving under the influence (DUI) accidents that result in injuries are treated with particular severity in both criminal and civil courts. Beyond compensatory damages for the injured party, enhanced remedies such as punitive damages and potential recovery of attorney’s fees can significantly increase a defendant’s liability. Understanding these enhanced remedies and their statutory and case law foundations is crucial for both plaintiffs and legal practitioners navigating the complex aftermath of a DUI crash.
Punitive Damages in DUI Injury Cases
Punitive damages are intended to punish particularly egregious behavior and deter similar conduct in the future. In California, DUI accidents causing injury often qualify for punitive damages due to the inherent recklessness of driving under the influence of drugs or alcohol. Unlike compensatory damages, which are meant to cover the victim’s medical expenses, lost wages, and pain and suffering, punitive damages focus on the defendant’s conduct.
California Civil Code Section 3294 governs punitive damages, stating that a plaintiff must prove by “clear and convincing evidence” that the defendant acted with malice, fraud, or oppression. In the context of a DUI accident, malice is most applicable. The California courts have consistently ruled that drunk driving exhibits a conscious disregard for the safety of others, which satisfies the “malice” requirement.
In Taylor v. Superior Court (1979) 24 Cal.3d 890, the California Supreme Court held that driving under the influence constitutes conduct sufficient to support a claim for punitive damages, particularly when the driver knew the risks of drunk driving. The court emphasized that this reckless disregard for human life meets the “malice” requirement of Civil Code Section 3294.
Felony DUI and Recovery of Attorney’s Fees
When a DUI results in serious injuries or death, it may be charged as a felony under California law. If convicted of felony DUI, the defendant faces both criminal penalties and enhanced civil liabilities. One notable aspect of this enhanced liability is the potential recovery of attorney’s fees for the injured plaintiff, which is not commonly available in ordinary negligence cases.
California Code of Civil Procedure Section 1021.4 provides that a plaintiff may recover attorney’s fees in actions based on a felony DUI if the defendant is convicted. Specifically, it states:
“In an action for damages against a defendant based upon that defendant’s commission of a felony offense for which that defendant has been convicted, the court may, upon motion, award reasonable attorney’s fees to the plaintiff…”
This statute recognizes the severity of felony DUI offenses and offers a powerful incentive for injured victims to pursue justice. Attorney’s fees can be a significant expense, but this statute allows the victim to recover these costs in addition to other damages, ensuring that the financial burden of litigation is not borne by the victim alone.
For a DUI to be classified as a felony, the defendant typically must have caused significant bodily injury to another person (California Vehicle Code Section 23153) or have prior DUI convictions. If the defendant is convicted of felony DUI, the plaintiff’s attorney can seek fees through a post-trial motion.
Case Example: Felony DUI and Attorney’s Fees
In In re Marriage of Enriquez (1998) 65 Cal.App.4th 570, the California Court of Appeal affirmed that attorney’s fees are available to plaintiffs in civil actions following felony DUI convictions. In this case, the defendant had been convicted of felony DUI, and the injured plaintiff was awarded not only compensatory and punitive damages but also attorney’s fees pursuant to Code of Civil Procedure Section 1021.4. This case highlights the significant financial exposure defendants face when their conduct crosses into felony territory.
Conclusion
In DUI injury cases, California law provides substantial remedies for victims, including the potential for punitive damages and the recovery of attorney’s fees in felony DUI cases. Punitive damages are designed to penalize drivers for their reckless behavior and to deter others from similar conduct, while the ability to recover attorney’s fees in felony DUI cases ensures that victims have the resources to pursue justice without bearing the full cost of litigation. Understanding these enhanced remedies can be crucial for maximizing recovery and holding DUI offenders fully accountable.
If you or a loved one has been injured in a DUI crash, it’s essential to consult with an experienced personal injury attorney to explore your options for both compensatory and enhanced remedies under California law. Steven M. Sweat, Personal Injury Lawyers, APC, has successfully prosecuted many such cases and obtained maximum recovery for our clients. Call our California accident and injury help line 24/7 toll free at 866-966-5240.