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Can You File for Punitive Damages Against a Distracted Driver?

Car Accidents / July 5, 2024

Drivers face many distractions, including cell phones, GPS systems, and their own thoughts, which can take their attention away from the road. Unfortunately, this negligence caused about 424,000 injuries in 2019, according to the Centers for Disease Control and Prevention. If you have suffered injuries in a car accident due to a distracted driver, you deserve maximum compensation for your losses. If the driver was egregiously negligent or had malicious intent, you may also receive punitive damages.

Punitive damages act as a punishment for the liable party instead of a reward for the victim. Therefore, receiving them requires more than just proving negligence. At Hollis Law Firm, we understand what it takes to demonstrate that your injuries resulted from the distracted driver’s willful conduct. With years of experience providing unmatched comprehensive services to distracted driving accident victims, you can trust us to help you build a strong claim and hold the at-fault party liable for their malicious behavior.

Can You Request Punitive Damages After Suffering Injuries in a Distracted Driver Accident?

Punitive damages aim to punish the distracted driver for their egregious behavior and set an example for others in the future, deterring them from committing the same actions. Unlike other types of damages you may recover for your injuries, including medical bills and pain and suffering, punitive damages are not based on the extent of your injuries or other losses. To receive these damages, it’s important to keep the following in mind:

Eligible Actions

Filing for punitive damages involves more than just proving the liable driver drove while distracted. Your claim must demonstrate that the at-fault party’s conduct is considered one of the following:

  • Malicious intent
  • Disregard for the law
  • Dangerous behavior
  • Directly harmful

If your claim establishes that the distracted driver’s behavior falls under one of these categories, you may receive punitive damages. For example, in most states, several forms of cell phone usage while driving are against the law, so if the driver was texting, talking on the phone, or using their device in a dangerous manner, our Hollis Law Firm lawyer can help gather evidence, including phone records, to prove these willful actions and how they directly caused your injuries and other damages. 

Considerable Factors

Building a strong and successful claim can be challenging, especially when filing for punitive damages. Fortunately, you don’t have to handle it alone. At Hollis Law Firm, we understand what the court considers when reviewing distracted driving claims and awarding these damages, which include the following:

  • The accident’s cause
  • If the liable party acted purposefully
  • If the at-fault driver was under the influence
  • Any potential history between the parties involved to determine malicious intent
  • If the distracted driver understood the damage their action could cause

When working on your claim, we can help you determine if the distracted driver’s actions are considered willful or malicious and gather the necessary evidence to support your claim for punitive damages.

Seek Guidance From an Experienced Distracted Driver Accident Lawyer

The aftermath of suffering injuries in a distracted driving accident can be overwhelming, especially if the liable party acted with malice or willful intent. With the help of our seasoned lawyer at Hollis Law Firm, you may file for punitive damages and build a strong claim that proves the liable party’s egregious negligence. We have years of experience handling complex cases, so we have the knowledge, skills, and resources to give you the best chance of a successful outcome.

Our passionate and tenacious distracted driving accident attorney understands the impact your injuries can have on your life, so we fight tirelessly for your rights and the justice you deserve. We work with you every step of the way, creating a personalized plan tailored to your needs and unique circumstances. To schedule a free consultation, fill out our contact form or call (800) 701-3672 today.