By: Jonathan Nessler
Recklessness is a Willful Disregard for the Safety of Others
The term “reckless” has a special meaning in Illinois civil law. The law views a reckless act as a more serious offense than a negligent act. Drinking and driving ordinarily constitutes a reckless act, because drinking and driving shows a willful and wanton disregard for the safety of others. While the distinction between a negligent act and a reckless act is sometimes subtle and nuanced, this distinction can be very significant in a legal context. If a person acts recklessly or with willful and wanton disregard for the safety of others, and the reckless act injures another, an Illinois court might permit the injured person to ask a jury to award punitive damages against the intoxicated driver.
An act is deemed reckless when the actor shows an utter indifference or conscious disregard for the safety of others. Oelze v. Score Sports Venture, LLC, 401 Ill.App.3d 110, 122 (1st Dist. 2010). The party engaging in the reckless act must be conscious of his conduct, and, though having no intent to injure, must be conscious, from his knowledge of the surrounding circumstances and existing conditions, that his conduct will naturally and probably result in injury. Id. Drinking and driving typically fits this definition.
A drunk driver may face an award of punitive damages at trial if he injures another person.
If an injured person can support that the drunk driver acted with willful and wanton disregard, the injured person can ask a Court for permission to include punitive damages in his prayer for relief. Section 2-604.1 of the Illinois Code of Civil Procedure controls when an injured person can seek punitive damages:
Plaintiff may, pursuant to a pre-trial motion and after a hearing before the court, amend the Complaint to include a prayer for relief seeking punitive damages. The Court shall allow the motion to amend the complaint if the Plaintiff establishes at such hearing, a reasonable likelihood of proving facts at trial sufficient to support an award for punitive damages. 735 ILCS 2-604.1 (West 2012).
Pursuant to Section 2-604.1, punitive damages may be awarded when torts are committed with such gross negligence as to indicate a wanton disregard of the rights of others. Barton vs. Chicago and Northwestern Transportation Company, 325 Ill.App.3d 1005 (First Dist. 2001). It is very likely a Court will permit an injured person to ask a jury for punitive damages when the injury is caused by a drunk driver.
In a drunk driving injury case, the injured person will ordinarily be able to support that a drunk driver intentionally disregarded his duty to operate his automobile in a reasonably safe manner by operating the automobile while intoxicated, and, thereby, support that the drunk driver acted recklessly. As a result, the drunk driver may face an award of punitive damages at trial. The goal of civil liability in this context is to require the drunk driver to right the wrong he caused, and dissuade other members of society from driving while intoxicated.
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This review is not legal advice. If you have a legal question, you should contact an attorney.