Are punitive damages available in a school bus accident case?

Punitive damages may be available in a school bus accident case in Washington, though it can depend on the individual circumstances of the incident. Punitive damages are different from compensatory damages in that they are intended to punish a person or entity for egregious misconduct, as opposed to compensatory damages which are intended to reimburse the plaintiff for actual damages. In Washington, punitive damages are generally available when a defendant’s conduct is found to be an “aggravated and outrageous” violation of social duties. A key factor in determining whether punitive damages are warranted is the degree of culpability demonstrated by the defendant. Generally, punitive damages will be available if a school bus driver has acted with a reckless disregard for the safety of other people. Typically, punitive damages will only be granted when the plaintiff’s attorney can prove that the defendant’s actions amount to a “gross disregard,” meaning the defendant’s actions were intentional, malicious, or showed a reckless indifference for the safety of others. For example, if a school bus driver is found to have acted with a reckless disregard for the safety of the students on board, punitive damages may be available. Ultimately, punitive damages can be sought in school bus accident cases in Washington. However, the degree of culpability demonstrated by the defendant will be assessed before a court can determine the availability of punitive damages.

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Are punitive damages available in a school bus accident case?

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