In Florida, if you are involved in a car accident because of another driver’s negligence, you can seek compensation for your injuries and damages through a personal injury claim. Florida law allows personal injury claimants to recover compensatory damages such as medical expenses, lost income, and emotional distress. In certain cases, punitive damages may also be recovered. If you were involved in an accident in Florida, and the at-fault driver was texting behind the wheel, you may wonder if such a case qualifies you to recover punitive damages. So, can you sue for punitive damages in Florida if the at-fault driver was texting? Yes, you may be able to sue for punitive damages in Florida if the at-fault motorist was texting, but only if you can show that their behavior constituted gross negligence or intentional misconduct. Read on to learn more!
Florida Law on Punitive Damages
Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future. Because personal injury claims are intended to compensate victims and not punish defendants, Florida law allows the recovery of these damages only in limited cases. According to Florida Statutes Section 768.72, you can only recover punitive damages if you show that the at-fault party’s behavior constituted gross negligence or willful misconduct. Intentional misconduct means the at-fault party knowingly engaged in risky behavior, without caring about the consequences. On the other hand, gross negligence means the at-fault party’s actions reflect a conscious disregard or indifference to other people’s safety, rights, or lives.
Punitive Damages in Distracted Driving Cases
Distracted driving involves engaging in another activity while behind the wheel, thus reducing your ability to drive safely. Texting while driving is one of the most dangerous forms of distracted driving behaviors because it requires manual, visual, and cognitive attention, all at once.
Texting while driving is a primary offense in Florida, meaning an officer can pull over a driver and issue a citation solely for texting behind the wheel. However, for purposes of punitive damages, you must show that the texting driver’s actions went beyond ordinary negligence. If, for example, the driver simply glanced at their phone without additional reckless acts, their behavior may be considered ordinary negligence. In such a case, you may be unable to sue for punitive damages.
On the other hand, if, for instance, the driver was texting at high speeds or near a school zone, their conduct could rise to the level of gross negligence. This reckless disregard for the safety of other people may support a claim for punitive damages, especially if supported by strong evidence such as witness testimony, phone records, or surveillance footage.
In summary, if you were injured in a car accident and the other driver was texting, you may have a claim for punitive damages, but it depends on the specific facts of your case. An attorney can help you determine whether you are eligible for punitive damages and how to proceed.
Contact Us for Legal Help
Our Jacksonville car accident attorneys at The Pendas Law Firm can evaluate your case and guide you accordingly. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Tampa, Fort Myers, Fort Lauderdale, Ocala, Orlando, Miami, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.72.html
