Head-on collisions are perhaps the scariest type of car accident. If you are driving normally down the road and see another car coming directly at you, there is often no time to react or attempt to get out of the way. And although modern cars and trucks are designed to absorb the impact of front-bumper crashes, the force of a head-on collision between two cars traveling at normal highway speed is almost impossible to protect against.
Indeed, head-on accidents are responsible for about 14 percent of all traffic-related deaths each year, according to theFederal Highway Administration. Even non-fatal head-on accidents commonly result in catastrophic injuries, including permanent brain damage, paralysis, and loss of limbs. With that in mind, it is important to look at how such accidents occur in the first place and what steps victims can take to secure compensation.
Drunk Driving, Head-On Accidents, and Punitive Damages
Two cars do not end up colliding head-on by pure chance. The very nature of these accidents means that one vehicle was traveling the wrong way. One of the more common causes of wrong-way driving is alcohol or drug consumption. When a driver is under the influence, their judgment, reflexes, and ability to react to circumstances undergoes significant impairment. This can include driving the wrong way against traffic without even realizing it, at least until it is too late and they collide with another vehicle.
It should go without saying that driving the wrong way is negligent even if you are not drunk. All drivers have a duty of care under Vermont law to obey basic traffic safety laws. This means that a wrong-way driver who causes an accident can be held liable for the injuries they cause to the people in the other vehicle.
When drunk driving is involved in a head-on collision, the victims may also be entitled to punitive damages under Vermont law. Unlike compensatory damages, which address the victim’s direct economic and non-economic losses, punitive damages are a form of civil punishment. They enable a jury to “send a message” that certain conduct, namely drunk driving, is malicious or grossly reckless and not just negligent.
Vermont Rules Regarding Evidence of “Prior Bad Acts”
Sometimes drunk drivers are repeat offenders. Even with substantial criminal penalties in Vermont for DUI, especially when someone is injured or killed, there are still people who continue to act irresponsibly by drinking and driving. The question is, Is a drunk driver’s past record admissible in a personal injury lawsuit arising from such reckless behavior?
The answer to that question is not as simple as you might think. Under the rules governing civil lawsuits in Vermont, which include personal injury and wrongful death claims, the plaintiff cannot introduce evidence of a plaintiff’s prior crimes simply to prove “the character” of the defendant. That is to say, you cannot tell the jury about the defendant’s criminal record to paint them as someone who should be punished just because they are a bad person.
But you can introduce evidence of “prior bad acts” to establish the “reprehensibility” of the defendant’s conduct. For example, if a defendant with several prior DUI convictions subsequently caused a head-on accident while driving drunk yet again, the victim could seek to introduce evidence of those prior convictions as part of their case for punitive damages. Those prior bad acts could not be used, however, to prove the defendant’s liability for the accident itself.
This is a complicated area of law, and you should have the assistance of a Vermont lawyer in navigating the evidence rules.
Vermont Supreme Court Declines to Order New Trial on Punitive Damages
The decision to admit evidence regarding prior convictions in a car accident lawsuit is itself subject to another rule governing civil trials in Vermont. Known as Rule 403, this rule requires trial judges to apply a “balancing test” when deciding whether to admit certain evidence. Specifically, Rule 403 requires the judge to determine if otherwise admissible evidence of a prior bad act would unduly prejudice the jury against the defendant. If the judge concludes there would be such prejudice, they have the discretion to bar the evidence from trial.
The Vermont Supreme Court recently addressed such a case. In Walker v. Newell, the defendant drove the wrong way on Route 7 in Salisbury, Vermont, and while trying to pass another vehicle collided head-on with a third car. The driver of the third car, the plaintiff in this case, suffered serious injuries and her passenger died as a result of the collision.
It turned out the defendant never had a valid driver’s license. Yet he had a number of prior criminal convictions related to the reckless use of motor vehicles. (He also pleaded guilty to criminal charges in connection with this accident.) This became an issue when the plaintiff sought punitive damages as part of her personal injury lawsuit against the defendant.
While the defendant admitted he committed “gross negligence” in causing the head-on accident, he denied liability for punitive damages. The trial court subsequently denied the plaintiff’s request to let the jury hear about the defendant’s prior criminal convictions. The jury ultimately awarded the plaintiff $34,957 in economic damages and $750,000 in non-economic damages, but no punitive damages.
The plaintiff appealed, arguing the trial judge should not have excluded the evidence of the defendant’s prior convictions. The Vermont Supreme Court, however, declined to second-guess the judge’s ruling. The trial judge concluded that since the convictions in question were more than 15 years old, there was “a significant possibility of potential for a jury to misunderstand their” relevance to the plaintiff’s claim for punitive damages. The Supreme Court said that decision was well within the judge’s discretion under Rule 403.
Contact a Burlington Car Accident Attorney Today
Determining compensation for a car accident requires examining a number of factors. OurBurlington car accident lawyers can review your case and advise you of your options. Contact Larson & Gallivan Law today at 802-327-8458 to schedule a free initial consultation.
