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What are Punitive Damages in Utah Car Accident and Personal Injury Cases? 
Punitive damages are not normally applicable to Utah personal injury cases.
Punitive damages are applicable when the negligent conduct rises to the level of:
(1). Clear and convincing evidence that
(2) The acts or omissions of the wrongdoer (at-fault party) are the result of
(3). Willful and malicious, or
(4). Intentionally fraudulent conduct, or
(5). Conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of others.
Simple Negligence Utah Car Accident Cases
Simple, rear-end car accident without more generally do not allow for punitive damages.
Simple negligence is acting without due care, falling below the standard of care of what a reasonable person in the circumstances would have done if in their shoes. Common simple, vanilla negligence are wet, unremedied floors at grocery stores, or rear-end car collisions.
Gross Negligence Utah Car Accidents
Gross negligence is a degree of carelessness above simple negligence, but below punitive damages. Gross negligence is often pled along with simple negligence in lawsuits. Gross negligence is defined as an intentional, conscious, and voluntary disregard for other people’s safety. Gross negligence is more serious than simple negligence, which is accidental and can include mistakes or inattentiveness.
Examples of gross negligence include:
Cars. Speeding in your car through a crowded area with pedestrians everywhere. Speeding in a school zone. Going 140mph on I-15, compared to simple negligence when going 100 mph in an 80 zone.
Drinking and driving causing injury.
Using illegal drugs and driving causing injury.
Abusing legally prescribed drugs causing injury while driving a car.
Medical Negligence. Amputating the wrong limb. Leaving surgical products inside a patient.
Nursing Negligence. Not providing water, food or subsistence to people under your charge for days. Drinking alcohol on duty or using drugs and failing to check patient vitals as a result.
Punitives in Utah Car Accidents
Utah punitive damages are statutorily found at Utah Code 78B-8-201. To sue for punitive damages you must show by clear and convincing evidence that the at-fault party’s conduct was intentional, willful, malicious, fraudulent or completely disregarded the safety of others.
Common Utah Car Accident Punitive Damages
Drunk, Drugged Driving. Drunk or drugged driving car accidents statutorily do not require proof by clear and convincing evidence. The regular, lower preponderance of the evidence standard to proving drunk driver punitive damages.
Drugged driving car accidents causing injury can be both illegal drugs and legal drugs.
Texting and driving. If proven by clear and convincing evidence excessive texting or cell phone usage could be the basis for punitive damages in a Utah car accident.
Prior Dog Bites. Prior dog bite that the owner knew of but did nothing about can be punitive damages. Prior knowledge that your dog is biting people and then bite another person can be punitive damages.
On Notice. If you are on notice, repeatedly of a dangerous condition on the land and do nothing about it, punitive damages can asserted. It still must be proved by clear and convincing evidence.
WHO AWARDS PUNITIVE DAMAGES IN UTAH CAR ACCIDENTS? 
The jury awards punitive damages if it is a jury case. If it is a bench trial, then the judge determines the amount of punitive damages.
Threshold Determined by Judge. The judge determines preliminarily whether punitive damages are appropriate to have the jury consider them. If motions are brought by the defense, the judge decides whether there is enough evidence to support the jury considering punitive damages.
HOW ARE UTAH CAR ACCIDENT PUNITIVE DAMAGES SPLIT?
In any case where punitive damages are awarded, the court shall enter judgment as follows:
(i). for the first $50,000, judgment shall be in favor of the injured party; and
(ii). any amount in excess of $50,000 shall be divided equally between Utah and the injured party, and judgment to each entered accordingly.
PURPOSE OF PUNITIVE DAMAGES IN UTAH CAR ACCIDENTS?
Punitive damages in Utah are intended to punish a wrongdoer for extraordinary misconduct and to discourage others from similar conduct. They are not intended to compensate the injured party for their losses.
IF YOU WERE HIT BY A UTAH DRUNK DRIVER CALL/TXT PERSONAL INJURY ATTORNEY JAKE GUNTER (801) 373-6345
UTAH JURY INSTRUCTIONS ON PUNITIVE DAMAGES GENERALLY
CV2026 Punitive damages. Introduction.
In addition to compensatory damages, [name of plaintiff] also seeks to recover punitive damages against [name of defendant]. Punitive damages are intended to punish a wrongdoer for extraordinary misconduct and to discourage others from similar conduct. They are not intended to compensate [name of plaintiff] for [his][her][its] loss.
Punitive damages may only be awarded if [name of plaintiff] has proven by clear and convincing evidence that [name of defendant]’s conduct:
(1) was [willful and malicious]; or,
(2) was [intentionally fraudulent]; or,
(3) manifested a knowing and reckless indifference toward, and a disregard of, the rights of others, including [name of plaintiff].
“Knowing and reckless indifference” means that (a) [name of defendant] knew that such conduct would, in a high degree of probability, result in substantial harm [to another] [to property]; and (b) the conduct must be highly unreasonable conduct, or an extreme departure from ordinary care, in a situation where a high degree of danger or harm would be apparent to a reasonable person.
[The committee was unable to reach a working definition for “willful and malicious conduct.” For cases discussing these terms, please see Committee Note 1.]
[The committee was unable to reach a working definition for “intentionally fraudulent.” For cases discussing these terms, please see Committee Note 2.]
[Punitive damages are not awarded for mere inadvertence, mistakes, errors of judgment and the like, which constitute ordinary negligence.]
[Some of the questions on the Special Verdict form will ask if [name of plaintiff] has proved by clear and convincing evidence that [name of defendant]’s conduct (a) was [willful and malicious] [intentionally fraudulent], or (b) manifested a knowing and reckless indifference and disregard of [name of plaintiff]’s rights. If you answer “yes” to any of these questions, I will then give you further instructions.]
References
Utah Code sect. 78B-8-201(1)(a) (West 2014).
Westgate Resorts v Consumer Protection Group, LLC, 285 P.3d 1219, 1222-1223 (Utah 2012).
Daniels v. Gamma W. Brachytherapy, LLC, 2009 UT 66, 221 P.3d 256.
State Farm Mut. Auto Ins. Co. v. Campbell, 538 U.S. 408, 416 (2003).
Hall v. Walmart Stores, Inc., 959 P.2d 109 (Utah 1998).
BMW of N. Am. Inc. v. Gore, 517 U.S. 559, 568 (1996).
Pacific Mut. Life Ins. Co. v. Haslip, 499 U.S. 1, 19-20 (1991).
Johnson v. Rogers, 763 P.2d 771, 773 (Utah 1988)
Gleave v. Denver & Rio Grande W. R. Co., 749 P.2d 660 (Utah Ct. App. 1988)
Biswell v. Duncan, 742 P.2d 80, 84 (Utah Ct. App. 1987)
Behrens v. Raleigh Hills Hospital, 675 P.2d 1179 (Utah 1983).
Bundy v. Century Equipment, Inc., 697 P.2d 754, 759 (Utah 1984).
CV2027 Amount of punitive damages.
Now that you have decided to award punitive damages, you must determine the amount. Punitive damages should be the amount necessary to fulfill the two purposes of punitive damages: to punish past misconduct and to discourage future misconduct. Your decision should not be arbitrary. The amount must be reasonable and bear some relationship to [name of plaintiff]’s harm. Whether or not to award a specific amount or any amount of punitive damages is left entirely up to you.
References
State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 426 (2003).
Cooper Indus., Inc. v. Leatherman Tool Group, Inc. 532 U.S. 424, 440-42 (2001).
BMW of N. Am., Inc. v. Gore, 517 U.S. 559, 580-83 (1996).
Crookston v. Fire Insurance Exchange, 817 P.2d 789, 811 (Utah 1991).
CV2028 Punitive damages and harm to other people.
In determining the amount of punitive damages, you may award punitive damages for the purpose of punishing [name of defendant] only for [harm] [attempted harm] [damage] to [name of plaintiff]. You may not award punitive damages for the purpose of punishing harm or attempted harm to other people.
References
Westgate Resorts v Consumer Protection Group, LLC, 285 P.3d 1219, 1222-1223 (Utah 2012).