Bucci & Dix

Punitive Damages for Cell Phone Users

As noted in our recent article regarding last year's collision between an automobile and a Chesterfield County fire engine, Virginia drivers continue to be distracted on an almost routine basis by their cell phones.   Cell phones, along with DVD players, radios, food and beverages, have increased dramatically the number of distractions afforded drivers on the highways.  Smart phones, which provide calendars, text messaging, and web browsing capabilities, are often the most notorious offenders.  The National Highway Traffic Safety Administration has developed a website dedicated to the issue of distracted drivers.  It is no wonder why at least two nearby jurisdictions, Maryland and the District of Columbia, have outlawed the use of cell phones without a Bluetooth or hands-free device.  Virginia should likewise enact comprehensive legislation that penalizes drivers who use these devices without a hands free device and, in the most egregious cases, such as running into the back of a fully-illuminated fire engine, allows for punitive damages in a personal injury lawsuit.