Sometimes. Texas allows exemplary (punitive) damages when a driver or company acted with gross negligence, malice, or fraud, proven by clear and convincing evidence and found by a unanimous jury. They are usually capped, but the cap does not apply to intoxication assault or intoxication manslaughter.
Ordinary carelessness is not enough. Civil Practice and Remedies Code section 41.003 allows exemplary damages only if the claimant proves fraud, malice, or gross negligence by clear and convincing evidence, and only if the jury is unanimous on both liability for and the amount of those damages.
Gross negligence has a two-part definition in section 41.001: an act involving an extreme degree of risk, viewed objectively, and the defendant's actual awareness of that risk combined with conscious indifference to others' safety. Drunk driving, extreme racing, and a trucking company knowingly putting a dangerous or exhausted driver on the road are the kinds of facts that can meet it.
Texas caps exemplary damages in most cases. Under Civil Practice and Remedies Code section 41.008, they cannot exceed the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000. The jury is not told about the cap.
Drunk driving crashes are a major exception. Section 41.008(c) removes the cap when the punitive claim is based on conduct described as intoxication assault or intoxication manslaughter under the Penal Code. A criminal conviction is not required to bring the civil claim, though a criminal case can produce useful evidence.
Punitive damages are taxable in a way that injury compensation generally is not, and they are hard to collect from an individual without assets. Owsley Law Firm evaluates every source of recovery, including employers and bars, and charges no fee unless it wins.
Punitive damages against a company require proof about the company's own conduct, not just the driver's. The Texas Supreme Court explained in Mobil Oil Corp. v. Ellender (1998) that a corporation can be grossly negligent through a vice principal, such as an officer or a manager with authority to hire, direct, and fire employees, for example by putting a driver on the road it knew was dangerous.
Bars and restaurants can also be responsible under the Texas dram shop law when they served an obviously intoxicated person who then caused a crash, which can add a source of recovery beyond the drunk driver.
Because the cap is not disclosed to the jury, the verdict and the final judgment can differ. The court applies the cap after the verdict when it applies.
Mistakes that cost people money
- Assuming a criminal conviction is required before a civil claim can be filed.
- Overlooking employer, owner, or bar liability that can matter more than the driver's assets.
- Waiting on the criminal case while the two-year civil deadline runs.
Related questions
Is a DWI crash automatically gross negligence?
Not automatically, but intoxicated driving is often strong evidence of it, and intoxication assault or manslaughter removes the cap.
Who pays punitive damages?
The defendant whose conduct justified them. Some insurance policies do not cover them, which affects collection.
Do I have to prove more than for regular damages?
Yes. Clear and convincing evidence and a unanimous jury are required.
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