Drunk driving, cell phone and text messaging-caused collisions all have in common the diminished capacity of the driver. The risks of drunk driving are well documented and well known, but recent studies show that cell phone usage is equally as dangerous—and far more common. Driver distraction or diminished capacity cases may give rise to punitive damages under Georgia law. If you have been injured by a drunk driver or a driver who was using a cell phone to talk or send text messages, the attorneys of Fried & Bonder can help you.
The dangers of drunk driving are, unfortunately, far too well known. In recognition of this danger, it is the law in Georgia that drunk drivers may be held liable for punitive damages. As the Georgia Court of Appeals has stated, “driving under the influence of alcohol constitute such wanton conduct that it [is] both intentionally willful and evidence[s] an entire want of care as to be wanton, because it place[s] others at great risk of injury or death.” Langlois v. Wolford, 246 Ga. App. 209 (2000).
What is less well known is the danger posed by drivers using cell phones to talk or send text messages. A 2006 study by researchers at the University of Utah concluded that cell phone users may actually exhibit greater impairment (i.e., more accidents and less responsive driving behavior) than legally intoxicated drivers. Strayer, D.L., et al., “Fatal Distraction? A Comparison of the Cell Phone Driver and The Drunk Driver,” Human Factors, The Journal of The Human Factors and Ergonomics Society, 2006 (Summer). The study also found no significant difference in impairment level between hand-held and hands-free cell phone users. Additionally, the researchers found that cell phone use causes “inattention blindness” in drivers—cell phone users fail to notice things, fail to detect the maneuvers of nearby vehicles and can’t remember things that were obvious in traffic.
The law regarding punitive damages for cell phone usage is less well developed than the law regarding drunk driving. A Georgia statute, O.C.G.A. § 40-6-241, permits reasonable use of a cell phone while driving. However, several recent multi-million dollar settlements suggest that defendants are increasingly concerned about their exposure for cell phone and text messaging injuries. One thing is clear: it is worth inquiring, in virtually every car wreck case, whether the at-fault driver was distracted by cell phone usage during the collision.
If you have been injured in a collision caused by the driver being impaired or distracted, the attorneys of Fried & Bonder can help you.
