Why choose Brien Roche after distracted driving car accidents in Tysons. Brien Roche is an experienced car accident attorney and the author of three legal texts that are well recognized. He is the author of an 890-page book entitled Virginia Tort Case Finder published by the largest legal publisher in the world, LexisNexis. He is also the author of a book published by the Virginia Law Foundation. The Virginia Law Foundation is the arm of the Virginia State Bar that sponsors Virginia Continuing Legal Education. The title of that book is Objections. He also is the author of a book entitled Law 101. It was published by Sourcebooks Publishing. It has sold over 30,000 copies.
In addition, he has tried hundreds of jury cases to conclusion.
What is the Law on Distracted Driving?
The law requires that you devote your full time and attention to operating your motor vehicle. The Virginia Tech Transportation Institute reports that texting while driving puts you in a circumstance where you are 23 times more likely to crash than if you are not distracted.
Approximately 18% of fatal crashes nationwide are a result of distracted driving. In Virginia, the number of passengers that a teenage driver may carry is restricted. Only one passenger under age 21 is allowed for a period of 12 months after obtaining a license.
Va. Code § 46.2-818.2 makes it unlawful for any person while driving a moving motor vehicle to hold a handheld personal communication device. There are some exceptions to this statute, but they are limited.
Can Punitive Damages be Awarded for Distracted Driving?
Punitive damages are designed to punish the wrongdoer and to deter others from engaging in that type of conduct.
It is different than compensatory damages. Compensatory damages are designed to compensate the injured party for their loss.
In any civil action in Virginia, damages may be awarded to compensate, and damages may be awarded to punish.
The criteria for an award of punitive damages are very strict. The behavior must be egregious.
Distracted driving may be one of those factors that leads to a conclusion of the behavior being egregious. There is data that cell phone-related distraction takes the driver’s eyes off the road for four seconds. At 55 mph, that type of distraction could result in the vehicle traveling more than a football field. That means that the vehicle is being operated without an operator. Is that willful and wanton disregard for the lives of others? It may be. The case of Alfonso v. Robinson, 257 Va. 540 (1999) involves a professional driver. In that instance, the court allowed punitive damages to be considered by the jury because of the conduct of that professional driver. As such, distracted driving by a professional may qualify as an instance where punitive damages are allowable.