Can I Get Punitive Damages After a Drunk Driving Crash in Portland?
Can I Get Punitive Damages After a Drunk Driving Crash in Portland?
Being hit by a drunk driver can upend your life in a single instant. Beyond the physical injuries, you may be facing emotional trauma, time away from work, and the stress of navigating insurance claims. Oregon law allows injured people to pursue compensation for medical bills, lost income, and pain and suffering. In some drunk driving cases, the law also allows punitive damages—a separate category of damages meant to punish truly outrageous conduct and deter similar behavior in the future.
Punitive damages are not automatic. Oregon sets a high bar and requires evidence that the driver acted with malice or a reckless and outrageous indifference to a highly unreasonable risk of harm. That threshold is higher than ordinary negligence. But drunk driving is uniquely dangerous, and if the facts show extreme impairment, a history of DUII offenses, or other aggravating conduct, punitive damages may be on the table. This guide explains when punitive damages are available, what evidence matters most, and how the process works in Oregon.
What Are Punitive Damages, and Why Are They Different?
Most civil claims focus on compensatory damages—money intended to “make you whole” for what you lost. Punitive damages are different. They are not tied to the size of your medical bills or the value of your vehicle. Instead, they are based on the defendant’s misconduct. Oregon’s punitive damages statute requires clear and convincing evidence that the defendant’s conduct met a heightened standard of blameworthiness. You can read the statute at ORS 31.730.
In drunk driving cases, that distinction matters. Driving while intoxicated violates Oregon’s DUII law, ORS 813.010, and is widely recognized as a severe public safety threat. The question for punitive damages is not simply whether the driver was intoxicated, but whether the evidence shows a conscious, outrageous disregard for the safety of others.
Why Punitive Damages Are Especially Relevant in DUII Cases
Drunk driving involves a series of conscious choices: to drink, to keep drinking, to ignore safe alternatives, and then to operate a vehicle despite impairment. National safety data explains why the law treats this behavior so seriously. The National Highway Traffic Safety Administration (NHTSA) highlights that alcohol-impaired driving significantly increases crash risk and remains a leading cause of traffic deaths. The Centers for Disease Control and Prevention (CDC) explains how alcohol reduces reaction time, coordination, and judgment—all of which are essential for safe driving.
When a driver’s conduct goes far beyond a momentary mistake, punitive damages serve an additional purpose: they communicate that society will not tolerate this level of danger on the road.
The Legal Standard for Punitive Damages in Oregon
Oregon law requires clear and convincing evidence that the defendant acted with malice or reckless and outrageous indifference to a highly unreasonable risk of harm. This standard is spelled out in ORS 31.730, and it is intentionally demanding.
Key takeaways:
- “Clear and convincing” is higher than “more likely than not.” It requires strong, persuasive evidence.
- “Reckless and outrageous indifference” focuses on mindset. The question is whether the driver understood the risk and consciously chose to ignore it.
- Not every DUII qualifies. A BAC just over the legal limit may establish negligence but still fall short of the punitive threshold.
How BAC Levels Affect the Analysis
Oregon’s per se limit for intoxication is 0.08% BAC, established under ORS 813.010. For punitive damages, however, the level of intoxication matters. A very high BAC—for example, twice the legal limit or higher—can signal extreme impairment. That level of impairment can strengthen the argument that the driver’s conduct was outrageous rather than merely negligent.
If the driver refused a breath or blood test, that refusal may still be used as evidence in civil proceedings. Oregon’s implied consent law is found in ORS 813.100. Refusal can support an inference that the driver knew they were significantly impaired.
Prior DUII Convictions Can Be Critical
A prior DUII conviction changes the story. It shows the driver has already been arrested, punished, and warned about the dangers of drunk driving—and chose to do it again anyway. That history can be powerful evidence of willful, reckless disregard for public safety.
In Oregon, prior convictions can also impact criminal penalties, reinforcing the seriousness of repeat offenses. The fact that the driver has already been through the system and still reoffended is exactly the kind of evidence that can support punitive damages under ORS 31.730.
What Evidence Builds a Strong Punitive Damages Claim?
To meet the clear-and-convincing standard, your case must be built on detailed, objective evidence. Common sources include:
- Police reports and DUII investigation records. Officers’ observations of slurred speech, failed field sobriety tests, open containers, or admissions of drinking can be key.
- BAC results or lab reports. A high BAC is one of the most persuasive pieces of evidence.
- Body camera, dashcam, or surveillance footage. Video often captures the driver’s impairment and erratic behavior.
- Eyewitness statements. Observations of dangerous driving, speeding, or attempts to flee can show indifference to safety.
- Prior DUII records. Certified court records can show a pattern of dangerous conduct.
- Crash reconstruction evidence. Skid marks, impact points, and vehicle data can show the driver’s reckless actions at the moment of the crash.
The most convincing cases combine multiple sources of evidence to show the driver’s decision to drive was not a lapse in judgment but a willful, dangerous choice.
The Role of “Aggravating Circumstances”
Punitive damages become more likely when intoxication is paired with aggravating conduct. Examples include:
- Extremely high speeds or racing.
- Driving the wrong way or ignoring traffic control devices.
- Fleeing the scene after the crash.
- Driving with children in the vehicle.
- Texting or using a phone while intoxicated.
These details matter because they show the driver was not only impaired but also engaged in additional conduct that made the risk even more unreasonable.
How Punitive Damages Affect Settlement and Insurance Claims
Punitive damages can change the leverage in your case. Insurance companies often seek to resolve claims quickly and economically. When evidence supports punitive damages, the potential exposure is much higher, which can push insurers to offer more realistic settlements to avoid a trial.
That said, punitive damages are not automatically covered by insurance. Many policies exclude coverage for punitive damages, which can complicate settlement negotiations. Whether coverage exists depends on the policy language and Oregon public policy considerations, so this is something your attorney will evaluate early in the case.
Oregon’s Punitive Damages Distribution Rule
Oregon is one of the states that divides punitive damages between the plaintiff and the state. Under ORS 31.735, 70% of a punitive damages award goes to the state’s Criminal Injuries Compensation Account, and 30% goes to the injured plaintiff. This rule is unusual, and it often surprises people.
Even though you receive only a portion of the punitive award, the full amount still matters. The total punitive exposure is what creates pressure during settlement talks and influences trial strategy. It is also the amount that punishes the defendant’s conduct, which is the core purpose of punitive damages.
Practical Steps if You Suspect You Have a Punitive Damages Claim
Taking the right steps early can help preserve key evidence and strengthen your case.
1. Document the Scene and Your Injuries
If you can, take photos or video of the vehicles, skid marks, debris, and your injuries. Keep a journal of pain levels, sleep problems, and daily limitations. These records help demonstrate the full impact of the crash.
2. Get Prompt Medical Care
Immediate treatment protects your health and creates a medical record connecting your injuries to the crash. Follow all medical instructions and attend every appointment. Gaps in care can be used to challenge the seriousness of your injuries.
3. Preserve Evidence Quickly
Ask your attorney about sending a spoliation letter to prevent destruction of the at-fault driver’s vehicle or data. Some evidence, like vehicle “black box” data or surveillance footage, can disappear quickly if not preserved.
4. Speak With an Attorney Experienced in DUII Cases
Punitive damages require a specific pleading process in Oregon. An attorney can help you evaluate whether the facts support the higher standard and can guide the motion needed to add punitive damages to a complaint. Early legal advice helps protect your claim and avoid mistakes.
Frequently Asked Questions
Do I automatically get punitive damages if the driver was drunk?
No. Drunk driving alone does not automatically meet Oregon’s punitive damages standard. You must prove, by clear and convincing evidence, that the driver acted with reckless and outrageous indifference to a highly unreasonable risk of harm. See ORS 31.730.
What if the driver’s BAC was just over the limit?
A BAC slightly above 0.08% may support negligence but may not be enough for punitive damages. Higher BAC levels, repeat DUII offenses, or other aggravating conduct usually carry more weight.
Can a refusal to test help my case?
Possibly. Under Oregon’s implied consent law, refusal can be introduced as evidence in civil cases. See ORS 813.100.
If punitive damages are awarded, do I keep all of it?
No. Oregon law requires that 70% of punitive damages go to the state, and 30% goes to the plaintiff. See ORS 31.735.
Conclusion
Punitive damages are an extraordinary remedy in Oregon, and the standard is intentionally high. But when a drunk driver’s conduct shows extreme impairment, repeat offenses, or other aggravating circumstances, punitive damages can be available. They provide a way to hold the driver accountable beyond ordinary compensation and to send a powerful message about public safety.
If you believe your case involves a drunk driver whose conduct was particularly egregious, act quickly to preserve evidence and get legal guidance. The right strategy and documentation can make the difference between a standard personal injury claim and a case that fully addresses the seriousness of the harm.
Related Resources
Learn more about related topics and next steps:
