Punitive Damages in Texting and Driving Accident Cases

Cell 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.

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.

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.

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.

• Distracted Driving
• Why Texting While Driving Can Be So Hazardous