Can I recover punitive damages in an automobile accident?

In Washington, punitive damages are not available in most automobile accident cases. This means you generally cannot recover punitive damages in a car accident unless the other driver is found to have acted with gross negligence or willful misconduct. Gross negligence is a higher standard than ordinary negligence. This standard is met when the other driver shows a reckless disregard for the safety of others, such as driving while under the influence of drugs or alcohol, or driving at excessive speeds. Likewise, willful misconduct is a higher standard than gross negligence and includes intentional, purposeful conduct that causes injury or death. It is important to note that in many cases, even when the other driver has acted with gross negligence or willful misconduct, punitive damages still may not be available. Punitive damages are reserved for the most serious cases and are not a guaranteed remedy. When you are involved in an automobile accident, it is important to get legal advice from a qualified attorney to examine your case and advise you as to whether punitive damages may be available.

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