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Punitive Damages Could Be Available for Victims of Distracted Driving Accidents

Posted on in Car Accidents

Rockford personal injury attorneysCell 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 far lower than the reality because the police rarely 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 suggested that cell phone use one of 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 coordination away. As a result, the accidents that occur due to texting and driving often cause serious injuries.

Your Injuries and Punitive Damages

Punitive damages are not often seen in auto accident cases. However, when a driver “willfully and wantonly” causes harm to another person, such as in accidents with drinking and driving or the use of a cell phone, victims may be due added punitive damages. Unfortunately, obtaining such damages is not an easy task. Knowledge of the law and of penal codes is required. This is why every victim who suspects that texting or talking on the phone while driving may have been a factor in their accident should seek skilled and experienced legal assistance.

How Our Attorneys Can Help

At Mannarino & Brasfield, a Division of KJS, 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 often should—pursue punitive damages if they suspect cell phone use was a factor in their accident. Our experienced Rockford distracted driving accident lawyers also have the knowledge and resources needed to fully investigate your case. We will examine the details to determine if you may be due punitive damages and will protect your rights every step of the way. Get the representation you deserve. Schedule a free initial consultation by calling 815-215-7561 today.

 

Sources:

http://www.distraction.gov/

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1115.05

https://consumer.healthday.com/health-technology-information-18/cellphone-health-news-729/texting-behind-the-wheel-more-dangerous-than-distracted-driving-710860.html

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