“… Typically, texting and driving is more akin to these other distractions and should not warrant punitive damages. However, there are situations where the conduct of the driver is so abhorrent that such distracted driving is closer to impaired driving like intoxicated driving; thus, justifying punitive damages. The hypothetical automobile accident referenced above as ‘Negligent Driver Warranting Punitive Damages’ is the type of situation that falls closer to the dangerous and reckless behavior of one who drinks then drives. Arguably, this conduct demonstrates a conscious disregard for the safety of others and should result in punitive damages. This Note seeks to establish that an implicit, California blanket rule denying punitive damages in texting and driving cases is unreasonable …” (more)
Gregory Selarz, ‘Punitive Damages For Texting While Driving’. Southwestern Law Review, vol 45, 101 (2015).