Q: Another driver hit me while he wasn't wearing his prescription eye glasses. Can I sue him for extra money?

A: I do not know what you mean by "extra money." If you are asking whether you can get more because he was not wearing his prescription glasses, the answer likely is "no;" you are entitled to fair compensation for your injuries, if any. You are not entitled to an additional amount to punish the driver for forgetting to wear his glasses.

A: Negligence is negligence. It doesn’t matter how negligent. You are entitled to damages to compensate you for your loss (medical bills, lost wages, pain and suffering), which do not go up in relation to how negligent the defendant is. In very rare cases, like assault and battery cases, if you can show malicious intent to injure or malicious and reckless disregard to safety of others, then you might ask for punitive damages. Not wearing prescription glasses won’t support such damages. Sometimes reckless conduct might inflame the passions of a jury and influence how much damages they award, but again, I don’t see that happening on your facts.

A: You are thinking of punitive damages. That is for outrageous conduct. If the person is legally blind without them, maybe, possibly, but if they can see to walk and drive generally no. Courts only allow them in limited circumstances. Focus on what you need to do to document your injuries. Contact a member of the Md. Assn for Justice--they give free consults.

A: If the driver’s insurance carrier conceded that their insured was 100% at fault, that would be the extent of their liability.

Tim Akpinar