Are punitive damages available in a pedestrian accident case?

In South Carolina, punitive damages may be available in a pedestrian accident case. Punitive damages are typically only available when the liable party acted with willful or intentional conduct or exhibited extreme recklessness or wanton disregard for the safety of others. The goal of punitive damages is to punish the liable party for their egregious conduct and to deter them from committing similar misdeeds in the future. It is important to note that punitive damages, unlike compensatory damages, do not pay for medical expenses or any other out-of-pocket costs associated with the accident. Rather, they serve only to punish the liable party. Additionally, punitive damages may only be awarded when the plaintiff can prove that the liable party acted with malice or willful and wanton disregard for the safety of others. As such, punitive damages may not be available for all pedestrian accident cases. When damages are available in pedestrian accident cases, the amount of punitive damages a plaintiff may be able to collect will depend on multiple factors, including the severity of the liable party’s misconduct and any evidence of prior misconduct. Notably, South Carolina limits punitive damages to three times the value of compensatory damages or $500,000, whichever is greater. Accordingly, any punitive damages awarded in a pedestrian accident case are likely to be significant.

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Are punitive damages available in a pedestrian accident case?

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