Home Local Business Craig Boeger: Why Distracted Driving is No Accident

Craig Boeger: Why Distracted Driving is No Accident

by ECT

The following information was provided by Brentwood Personal Injury Attorney Craig Boeger, of Boeger Law Firm, highlighting the impacts distracted driving could have on ones life and the financial burdens that could occur.

Why Distracted Driving is No Accident

Every day I represent people who are injured in auto collisions. Lately, I have seen a sharp increase in testimony from defendants in sworn depositions who honestly believe that it is okay to simply stop being responsible for their driving whenever it suits them.

Last week I took the deposition of a defendant driver who told me that just before the collision he had been looking down to try to get his cell phone out of his pocket when he dropped it on the floor near the accelerator pedal. He then went on to explain that he was looking down and had been feeling around on the floor for his phone when he ran into the back of my client’s car.

When I asked him why he had taken his cell phone out of his pocket he explained with a straight face that he had some business accounts he needed to check. The defendant driver had been traveling almost 70 mph on a Bay Area highway with his view focused on the floor of his car and with his attention solely focused on the location of his phone and his account balances. He saw no problem with his conduct.

Neither is the above example an isolated incident.

Another driver recently testified under oath he had been speaking to his employer at the time he ran into the back of a car, injuring two occupants.   Not only is this type of conduct not an excuse, it can leave the driver and even potentially the person they are speaking to liable for a punitive damage claim in addition to compensatory damages.

California law allows punitive damages to punish a driver’s conduct in addition to compensatory damages, if the conduct that led to the injury was done with a conscious disregard of the rights and safety of others. 

Compensatory damages arise from simple negligence and are paid by insurance up to the limits of the policy but punitive damages are not paid by insurance and instead come directly from the driver’s assets including wages and even their home.

Employers can also be responsible for their employees’ conduct if their conduct arises out of an employment related activity.

When a person intentionally removes their attention from the roadway to conduct other business injuries happen and it is no accident.

Quick Interview on Distracted Driving with Craig Boeger:

According to Boeger, he worked one distracted driving case several years ago where a driver wound up paying more than $100,000.00 out of their own pocket in addition to insurance policy limits. That was the highest he had personally been involved in. But says larger settlements have occurred.

“I have seen much larger settlements and verdicts. In cases where a driver has intentionally taken their eyes off the road punitive damages are available and can not be paid from insurance. So, an attorney is permitted to inquire into a defendants earnings and assets. A judge or jury can then assess a punitive damage award intended to punish his conduct in proportion to his or her ability to pay,” explained Boeger. “In those cases obviously a wealthy person would not be punished by assessing damages of a few thousand dollars and, therefore, much higher awards are awarded against wealthy individuals.”

Boeger says drunk driving unfortunately remains stable on East Contra Costa County roads, but warns that distracted driving is rising sharply.

“Drivers are paying much less attention to the roadways. Drivers are beginning to develop an attitude that they are entitled to simply stop being responsible for their car while they get things out of the back seat, take calls and check account balances,” said Boeger.  “Some seem indignant that they are held accountable after their decision to take their eyes off the road has caused serious injuries that lead to millions in hospital and surgical charges, lost earnings and family suffering.”

Contact Boeger Law Firm
To contact Boeger Law Firm, who have offices in Brentwood and Tracy, call (925) 240-2408 or (209) 407-2999. There are no Fees until they have a settlement and case evaluations are always free. You may also visit them online at www.boegerlawfirm.com. You may also “like” them on Facebook.

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