Are punitive damages available in a school bus accident case?
In Colorado, punitive damages may be available in a school bus accident case depending on the facts of the case. Punitive damages are a type of civil law damages that are awarded to punish the wrongdoer, rather than to compensate the injured person. When deciding whether to award punitive damages, the court considers the egregiousness of the defendant’s conduct. If the defendant’s conduct is willfully and wantonly negligent, then the court may award punitive damages to deter the wrongdoer from repeating the behavior. However, in Colorado, punitive damages may not exceed three times the amount of compensatory damages or $100,000, whichever is greater. In a school bus accident, it may be possible to recover punitive damages if the accident is caused by willful and wanton negligence. For example, if the bus driver created a hazardous situation by going too fast, was distracted or impaired, failed to properly maintain the bus, or failed to pay attention to the road, then the injured person may be able to seek punitive damages. In summary, punitive damages may be available in a school bus accident case in Colorado. Whether punitive damages are available depends on the underlying facts of the case and the court’s determination of the defendant’s conduct. If the defendant’s conduct is found to be willful and wanton, then the court may award punitive damages.
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