Another Wrong Way Accident in Jacksonville, Florida
There seem to be an unusual number of wrong way accidents in the Jacksonville, Florida area, and many of them are on major highways like I-95 and State Road 9A. There was another one last week on I-95 north of downtown Jacksonville that resulted in several serious injuries and two of the vehicle's occupants being airlifted to Shands Hospital.
Accidents caused by drivers driving the wrong way will almost always raise the issue of punitive damages in a personal injury or wrongful death lawsuit. In a normal accident case, the driver responsible for causing the crash and the resulting injuries is liable for the damages suffered by the injured party. More accurately, the at-fault driver's insurance company pays the damage caused by the driver who caused the crash. These damages may include past and future medical bills, past and future pain and suffering and past and future lost wages.
However, if a person is driving recklessly and causes a serious injury or fatal accident, that driver, or the insurance company, may be liable for punitive damages. While regular, or compensatory, damages aim to make the injured person whole, punitive damages are designed to punish a person who caused an injury or death by driving recklessly. Accidents involving alcohol or drugs are the most common injury or fatal accidents that result in punitive damages for the victim. However, in cases of unusually bad driving, such as where a person is driving the wrong way on a major road like I-95, punitive damages are certainly viable.
The personal injury/wrongful death lawyer for the injured party would certainly make a claim for punitive damages as part of the lawsuit.
