As if you didn’t have enough reasons not to text while driving, here is another one: punitive damages.
A man injured was hurt in Los Angeles accident that he blamed on a texting driver. He is now asking the California appeals court for permission to seek punitive damages. If the court agrees, it will be the first case in the country to allow punitive damages against a driver who caused an accident because they were distracted by texting. Several cases have been brought in Florida but were settled prior to trial.
Texting while driving is illegal in California and most other states. Punitive damages allow greater awards, often multiplying the actual judgment, in order to punish bad behavior. In most states, punitive damages require proof that the defendant showed conscious disregard for others. Counsel for the plaintiff states that if you are on the freeway and looking down for 10 seconds, “you’re basically playing Russian roulette with the person’s lives”. It is argued that if the law against texting does not prevent tragedies from occurring every day, punitive damages may cause drivers to think twice before texting and potentially severely injuring other motorists.
The New England Journal of Medicine has produced a good video on texting and driving which you can find at http://www.nejm.org/action/showMediaPlayer?doi=10.1056/NEJMsa1204142&aid=NEJMsa1204142_attach_1&&. Given the issue that this has become, while I am sure you have shared this message with your kids, it bears repeating. Remember, you set the example, so if you text and drive, not only are you putting your family at risk while you are driving, but you are setting a bad example that could cause injuries even when you are not in the car. As always, be responsible.
Thank you,
Michael K. Gillis, Esq.
GILLIS & BIKOFSKY, P.C.
1150 Walnut Street
Newton, MA 02461
Phone: 617-244-4300
Fax: 617-964-0862
E-mail: mgillis@gillisandbikofsky.com