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

After being in a car accident, particularly when you are a passenger or patron of a rideshare company, it can feel chaotic. You might be unsure of what your options are moving forward or if you need legal representation. The safest option is that if you are unsure consult a rideshare accident attorney. 

Our experienced California rideshare accident lawyer at Triumph Law can work with you to determine the appropriate course of action for your specific case. This may include whether you have a case and, if you have a case, who is liable. When these pieces are established, they may help you determine what kind of damages you can recover, including punitive damages.

Punitive Damages 

We hear a lot about punitive damages in the media, but many may not fully understand them. Punitive damages, also known as exemplary damages, serve a different purpose than compensatory damages in that compensatory damages are meant to compensate for the victim’s setbacks. Punitive damages are specifically meant to punish or make an example of poor behavior.

Under California Civil Code §3294, the criteria for punitive or exemplary damages are that it must be proven that the defendant was guilty of malice, fraud, or oppression that caused the injuries. Malice can be described as behaving unlawfully without reason. Oppression refers to poor behavior that causes undue hardship to someone else, and fraud refers to deceiving or misrepresenting oneself to cause harm.

One of the more obvious arguments for punitive damages may be if the rideshare driver is under the influence of drugs and alcohol.  Another example may be if the driver is driving a car they know to be in an unsafe operating condition. Punitive damages place the burden of proof on you to show that the defendant knowingly created the situation to cause harm. 

The Punitive Damage Process

While the dollar amount in punitive damages can be quite high sometimes, they are very rarely awarded. Only about 5% of cases are awarded punitive damages. While some states have their own cap on the amount of punitive damages that can be awarded, California does not.

Aside from the low success rate for punitive damages, many may steer away from trying to claim them simply due to the court requirement. Many times, everyone’s goal is to settle as quickly as possible to avoid wasting time, extra legal fees, and the risk that the court will find you at fault. Should you sign a settlement offer before the case goes to trial, there is typically a clause that includes your surrender to take further civil action, meaning you could not call for punitive damages. 

With this in mind, to be awarded punitive damages, you must take your case all the way to trial. This becomes risky for everyone involved since the ultimate decision of who is responsible for the accident is up to the jury. They can decide to award any damages within reason, which can be unpredictable to both sides. 

Awarding Punitive Damages

A jury awards punitive damages in a court trial after you have proven that the defendant caused your injuries with malice, oppression, or fraud. Per California code 3294, the standard of proof for these types of damages is ‘clear and convincing evidence,’ which is a higher threshold than most other civil cases operating under the standard of ‘preponderance of evidence.’

The amounts awarded are typically more than the compensatory amounts but should not be ‘grossly excessive or arbitrary.’ A judge does have the discretion to reduce punitive damages if it seems the jury did not follow instructions or the amount is excessive. Punitive damages can also be appealed. 

Suing for Punitive Damages 

While punitive damages can be awarded for Uber or Lyft accident injuries to survivors, they can also be awarded to a surviving spouse or child in the event of a death. If you have lost a loved one, you can reach out to a wrongful death lawyer, and they can guide you through the process that is most appropriate for your case. Though the process can be emotionally taxing, many may find closure in seeking punitive damages for the one responsible for their loss.

In many car accident cases, including rideshare accidents, people try to settle out as quickly as they can to avoid the lengthy, sometimes years-long process of going through a trial and potentially losing. Insurance companies may offer extensive settlement amounts to avoid this risk. Your attorney will educate you on your options to either agree to a settlement or choose to continue to trial. 

Collecting Evidence for Your Case

Filing a lawsuit for punitive damages is no small endeavor. It requires experienced legal representation who is familiar with court. It is a costly process with a hefty burden of proof. In the hours and days after an accident, valuable evidence can start to disappear or degrade. 

After a rideshare accident occurs, your opportunity to collect evidence begins immediately. In some cases, it can be tremendously beneficial to your case to have pictures of the accident on the scene and any injuries. Injuries should be photographed ongoing as they heal to be added to your records. 

Gather any police reports, accident reports, and witness statements that you can. This can inform the details of the accident and will typically be assessed by the insurance companies and attorneys involved to determine fault. Witness statements can also speak to what they saw happen or anything they may have observed just before or after, whether it be the at-fault driver losing consciousness at the wheel or playing games on their phone.

Your Punitive Damage Lawsuit

Suing for punitive damages is a high-risk strategic move. The chances of success are low and the cost in time, money, and energy can be extensive. This endeavor is meant for those with a solid case and extensive evidence to prove it. 

Compensatory damages are meant for you to even out the playing field and get you back to normal. Punitive damages are meant to punish the person responsible and make an example of them to deter future poor behavior and that of others.

If you think that this might be something to pursue, you should contact a strong car accident attorney who is used to being in the courtroom and will fight for not only your right to compensation but to ensure that the person responsible for your injuries is held accountable in the strongest way possible.