Case Result: Reckless Actions by Defendant Increases Case Result for Car Crash Victim
Most motor vehicle accidents are due to simple negligence; a driver made a mistake and caused a crash. When a driver is reckless or willful and causes an accident, injury attorneys may choose to pursue punitive damages due to the reckless endangerment aspect of the case. Punitive damages are appropriate when a driver knows their actions could cause injury or death and still chose to do them. Examples of reckless driving may include drunk driving, texting while driving, road rage, speeding, and road racing.
In a recent case, Steinberg Law Firm attorney Benjamin Akery, was able to pursue the punitive damages to increase the compensation for his client.
The client was driving on Ashley Phosphate Road in the far-right lane. A drunk driver pulled up next to her from the far-left lane and then cut right into her on the driver’s side, crashing into her vehicle. Our client suffered knee and shoulder injuries. The reckless driver was found to be driving under the influence (DUI).
Because the other driver was DUI, attorney Ben Akery was able to pursue punitive damages, which increased the amount the insurance companies paid. He was able to collect the $25,000 policy limit for bodily injury, an additional $21,000 in property damage above and beyond the damage to his clients vehicle, and $90,000 in underinsured motorist coverage (UIM) for a total recovery of over $136,000.
Unfortunately, in South Carolina, the required minimum insurance limits are low and many times, negligent drivers do not have enough insurance to pay for the damage they cause. It is imperative that responsible drivers have enough underinsured motorist coverage on their own policy to cover themselves in the event an underinsured driver creates havoc in their lives. In many cases, our attorneys end up having to pursue our clients’ own insurance company to get them to pay out on the UIM coverage.
If you have been injured by a reckless, negligent driver, call us at 843-720-2800 for a free case evaluation. Our compassionate attorneys charge no fee until we collect compensation for you.