Section 4.3 Representing the Intoxicated Driver

• Library: DWI 2014

When an intoxicated driver has been sued and the driver has automobile insurance coverage, counsel retained by the insurer may be presented with unique circumstances. The intoxicated driver will be sued for consequential damages, including medical expenses, lost wages, and nonpecuniary damages. In addition, it is likely that the driver will also be sued for punitive damages. The plaintiff’s petition will likely allege that the act of DWI (driving while intoxicated) constitutes willful, wanton, and reckless conduct worthy of punishment and hence the claim for punitive damages. If a claim for consequential and punitive damages is alleged, any judgment may produce potential exposure to the insurer and...