Can I Sue for Punitive Damages in a Bicycle Accident Case?

As a law firm that has supported clients facing long-lasting injuries and ongoing pain related to bicycle accidents, we highly encourage you to seek out all compensation owed to you. Punitive damages may be one component of that, but knowing when you can pursue them in a bicycle accident case may not always be clear. At Triumph Law, P.C., our trusted Sacramento bicycle accident lawyer is ready to help you determine what damages you may be owed.

Understanding Punitive Damages

Punitive damages are not the same as economic damages (such as medical bills and property damage) or noneconomic damages (such as pain and suffering and emotional trauma). Rather, they are awarded as a way to punish the person who caused the damage to you. They seek to make it harder to overcome the financial impact, and, as a result, they discourage people from continuing to engage in the same behavior.

Under Civil Code §3294 in California, punitive damages are described as a right for those who have suffered significant loss from a personal injury matter in some situations. As a component of this law, the state awards punitive damages as a direct way to punish those who caused the damages. The hope is that someone who has done this will be less likely to engage in the same actions again and that other people, learning of the punishment, will do the same.

You cannot always expect to receive punitive damages. If your bicycle accident case involves malicious or intentional actions, we may work to prove that punitive damages are in order. Our bike accident attorneys in California will work with you to fully understand how these rights apply to your situation.

How to Prove Punitive Damages Are Warranted

It is ultimately up to the court to determine if punitive damages are applicable in your case. However, you can demonstrate that they are by showing clear and convincing evidence that shows that the person at fault was engaged in fraud, oppression, or malice and that this caused the incident.

• Fraud: To be fraud, you must prove that a person committed fraud in some way through intentional deception in order to obtain some type of personal gain.
• Oppression: To prove oppression, you must prove that the at-fault party engaged in some type of conduct that caused cruel and unjust hardship.
• Malice: To prove malice, you must show that the conduct that caused the accident was driven specifically with intention and ill will, or some disregard to your rights and your right to safety.

In a bicycle accident case, you must show that one of these three elements took place, and while that is possible to do, it is not always simple. Our bicycle accident attorneys have experience helping clients to do just that – to show that the person causing the accident was reckless and otherwise put them at risk. Expect our attorneys to work with you to determine if this type of loss applies to your case.

How Bicycle Accidents Can Result in Punitive Damages

When you meet with our experienced attorneys, we will gather all evidence in your case and present it in a way that shows that the person at fault was acting in a manner that falls under one of those three elements. Again, that is not always possible, especially if you contributed to the incident in any way or weather did. However, some examples of when punitive damages may apply in your case include:

• The driver of a car striking you was drinking alcohol while operating the vehicle, showing disregard for others on the road.
• The vehicle driver purposely tried to “scare”  you by driving too close intentionally.
• It was a hit-and-run accident where the driver never even stopped to help.
• Drag racing was taking place.
• A driver who requires prescription glasses was driving a vehicle without them.

In these situations, we need to show that the person knew that they were putting others at risk by engaging in these actions. It was not just an accident but rather something that could easily have been avoided. If it applies in your case, we will seek it out aggressively.

How Punitive Damages Are Calculated

There is no specific set metric or rule followed to allow for the awarding of punitive damages. This is ultimately the decision of the court. As noted, it is not a guaranteed allotment either.

There are numerous factors that could play a role in this decision based on the evidence in your case. First, remember that the burden of proving what occurred and that punitive damages are in order is on your shoulders. That said, several factors could contribute to how much you receive, including:

• How reprehensible the driver’s actions were
• The financial condition of the driver and the amount a judge feels is necessary to create a true punishment for them
• Cases like your own that have been tried in the past
• The relationship between the amount of harm you suffered and the value of your settlement
• The court’s opinion on what it will take to prevent the person from engaging in this action again

When you meet with our bicycle accident attorney, we will help uncover details that could expose the driver as acting in a malicious, oppressive, or fraudulent manner. Through our dedication to finding every bit of data available, we will work hard to help you secure any available resources that align with the losses you have. Expect us to fight for you and the full compensation owed to you.

Set Up a Free Consultation with a Bicycle Accident Attorney to Learn if We Can Help You

At Triumph Law, P.C., we advocate for our clients in every way possible, fighting for maximum compensation in every case. Our bicycle accident attorneys in Sacramento are available to help you navigate this challenging case, including helping you show punitive damages are in order. Set up a free consultation with no obligation to work with us if you decide not to by calling our office now.