Q: Involved in a car accident in Millsboro, DE, rear-ended, vehicle totaled, unsure about pursuing punitive damages. Driver charged with careless driving, video evidence available. Seeking advice on punitive damages.

A: Thanks for reaching out, and I’m really sorry to hear about your accident—being rear-ended and losing a brand-new vehicle is a tough blow. It’s great that you already have a law firm representing you for your injury claim.

Now, regarding punitive damages: generally, these are awarded not just to compensate you, but to punish particularly reckless or egregious behavior by the at-fault driver and to deter similar conduct in the future. If the video evidence clearly shows something like excessive speeding or distracted driving (like texting), that could potentially support a punitive damages claim, depending on the laws of the state.

That said—and here comes the disclaimer—we are licensed to practice law only in Texas, Washington, and California, so we can't provide legal advice specific to Delaware law. It’s really important that you speak with an attorney licensed in Delaware, as the standards for punitive damages can vary significantly from state to state, including what kind of behavior qualifies and what evidence is required.

Since you've already hired a law firm, I'd recommend discussing this issue directly with them. They’ll be in the best position to review the video, evaluate the driver’s conduct, and advise you on whether pursuing punitive damages is appropriate in your case.

A: A Delaware attorney could advise best, since available remedies and damages could be governed by state law, but you posted last week. I'm sorry about your accident. Since you have an attorney, this would be something to discuss with them. Motor vehicle accident remedies are generally limited to compensatory damages. However, punitive damages could sometimes be considered in limited cases where conduct is flagrant. I hope you and everyone involved are okay. Good luck

A: What you’ve been through sounds incredibly frustrating, especially with a brand-new vehicle being totaled and the emotional toll that follows. Since the other driver has already been charged with careless driving and there is video evidence, you’re right to consider whether their behavior rises to the level of recklessness or gross negligence, which is what courts in Delaware typically require for punitive damages. Simply being rear-ended isn’t enough, but if the video shows high speed, distraction from a phone, or other dangerous behavior, it could support your case.

You’ve already taken a smart step by hiring a law firm for your injury claim, so you should speak directly with them about your desire to pursue punitive damages. Let them know about the video and ask them to review whether the facts meet the threshold for more than just compensatory damages. Punitive damages aren’t awarded automatically—they’re meant to punish truly egregious conduct, so your legal team will likely weigh the strength of that video carefully. If it shows the driver ignoring obvious risks, they may decide it’s worth including that request in your claim.

You don’t have to decide this alone or all at once. Keep copies of all documentation, ask your attorney to keep you in the loop on how the evidence is being used, and be clear about how this crash has impacted you beyond just financial loss. You’ve already done a lot right—now it’s about making sure the responsible party is held fully accountable if the facts support it.