Distracted Driving Can Come In Many Forms

Distracted Driving

Brien Roche

Distracted driving is a frequent cause of auto crashes.

Cell phone and texting usage while driving causes crashes. Knowledge that a person you are loaning your auto to uses a cell phone while driving may be negligent entrustment. There is data that shows that the risk of a crash is four times higher for drivers who are on a cell phone or texting.

Such usage is negligence per se if there is a statute that prohibits such. It may be gross negligence. It may be a basis for punitive damages if the reckless driving statute or other statute imposes criminal penalties for driving while talking on a cell phone or texting.

Laws Against Texting While Driving

Texting while driving is dangerous. The Virginia Tech Transportation Institute reports that texting while driving makes you 23 times more likely to crash than driving while not distracted. Every year, nearly half a million people are injured by distracted drivers. This causes about 18% of all fatal crashes and crashes resulting in an injury. It is up to the states to control this. Under the U.S. Constitution the states control driving safety. Many states have laws that make texting while driving illegal. A number of national campaigns have focused on stopping distracted driving. More awareness and advocacy is a step in the right direction.
Many states restrict the number of passengers that any teenage driver can carry. In Virginia only one passenger under age 21 is allowed for a period of 12 months after obtaining a license.

Punitive Damages for Distracted Driving

There may be a bona fide issue as to whether or not you can get punitive damages for distracted driving. Some factors to consider in terms of evaluating whether or not you have a basis for a punitive damage claim are:

Is there some other egregious violation involved i.e., traveling far over the speed limit.

There is data that indicates that average cell phone-related distraction takes a driver’s eyes off the road for approximately 4 seconds. At 55 mph, a 4 second distraction results in driving more than a football field without looking at the road. That is a willful and wanton disregard for the lives of others.

Do you have a good faith basis for alleging that the driver has specific knowledge of the Virginia DMV Driving Manual that warns against distracted driving?

Has the driver taken any defensive driving courses?

Does the driver have any particular job responsibilities that require that the driver always be attentive?

Given the defendant’s age and the fact that the defendant is a resident of Virginia, the defendant may have gone through a distracted driving course.

Was the defendant a professional driver? If so, punitive damages may be allowed under Alfonso v. Robinson, 257 Va. 540.