Are punitive damages available in a school bus accident case?

In Washington, punitive damages are available in a school bus accident case, as long as the person injured is able to prove that the defendant was grossly negligent. Gross negligence is defined as either intentional misconduct or a conscious disregard of certain risks that would be foreseeable to a reasonable person. In order to receive punitive damages, the injured party must not only prove that the defendant acted with gross negligence but also show that the defendant’s conduct was misconduct that is wanton, reckless, or malicious in some way. To determine if the defendant’s conduct meets this threshold, the court often considers the degree of the defendant’s negligence, the level of harm suffered by the plaintiff, and whether or not the defendant intended to cause harm or acted in a willfully reckless manner. If the court determines that the defendant’s conduct was sufficiently reckless or egregious, the court may grant punitive damages to the plaintiff as a way of punishing the defendant for their careless behavior. Punitive damages may be paid separately from other damages, and can help cover medical expenses, lost wages, and pain and suffering caused by the school bus accident.

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Are punitive damages available in a school bus accident case?

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