Are punitive damages available in Virginia cases where I am hit by a texting driver?

Answer:

Texting has certainly become a major problems on the roads. But you probably cannot get punitive damages from the other driver under Virginia law.

“Punitive damages” are damages that are designed to punish drivers. They are compensation for injured victims over and above the medical bills, lost wages, and pain, suffering, and inconvenience that would be available in a typical case. Punitive damages are reserved for accidents caused by drunk drivers.

Punitive damages are also available when a person has intentionally caused an injury or demonstrated such a willful and wanton attitude toward whether or not they caused injury that punishment is appropriate. The vast majority of texting cases do not rise to this level. A driver who is texting might be negligent, but they are probably not out there intentionally trying to hurt you.

Free Consultation

Please call us (703) 385-1100 or fill out the below form and we will respond shortly..

FAIRFAX PERSONAL INJURY LAWYER | VIRGINIA AUTO ACCIDENT ATTORNEY | VIRGINIA CRIMINAL DEFENSE ATTORNEY

At David Marks Law, we are devoted to achieving the best possible result for our clients in each and every case. Whether that means reaching an early settlement with the insurance company or taking your auto accident case all the way through a jury trial, we work with our clients to understand their wants and needs and to implement a plan to achieve those goals.