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Punitive Damages in Texting and Driving Accident Cases

Woman Driving DistractedCell phone use—particularly texting while driving—has become a serious problem in America. In fact, the National Safety Council (NSC) estimates that 1.2 million accidents are caused by texting and driving each year. Those numbers, however, may be highly underestimated since police often do not investigate to determine whether or not an accident was caused by cell phone use. However, skilled auto accident attorneys can help to uncover this information and may even be able to help their clients seek punitive damages for their injuries.

Why Texting and Driving Accidents are so Serious

Studies that have been conducted on distracted drivers have found that cell phone use is among the most dangerous forms of distraction. In fact, one study found that, while the body tries to compensate for other forms of distraction through a flight or fight reaction, that same compensation is not present when using a cell phone and driving. This is because the brain relies heavily on hand-eye coordination to activate this defense mechanism, and texting takes that away. As a result, the accidents that result from texting and driving often cause serious injuries.

Your Injuries and Punitive Damages

Punitive damages are not often awarded in auto accident cases, a such damages are intended to serve a deterrent against similar behavior in the future. However, when a driver “willfully and wantonly” causes harm to another person, such as in accidents with drinking and driving or, possibly, the use of a cell phone, victims may able to collect added punitive damages. Unfortunately, receiving such damages is not an easy task, and doing so requires a vast knowledge of the law and the applicable penal codes. This is why every victim who suspects that texting or talking on the phone while driving may have been a factor in his or her accident should seek skilled and experienced legal assistance.

How Our Attorneys Can Help

At Corsiglia McMahon & Allard, L.L.P., we understand how the law applies to texting or talking on a cell phone while driving. We also know that precedence in previous rulings indicates that victims can (and should) pursue punitive damages in certain situations where cell phone use was a factor in the accident. Our Monterey County distracted driver accident attorneys also have the knowledge and resources needed to fully investigate your case. We will examine the details to determine if you may be entitled to punitive damages and will pursue your rights to the full extent of the law. Get the representation you deserve. Schedule a free initial consultation by calling (408) 298-7200 today.

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I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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