What You Need to Know
At Sam Aguiar Injury Lawyers, we have seen the devastating consequences of distracted driving firsthand, particularly in crashes caused by cell phone use. In Kentucky, victims of these reckless acts may be entitled not just to compensation for their losses, but also punitive damages designed to punish the offender and prevent future misconduct.
Read on to learn:
What punitive damages are under Kentucky law
The statistics on cell phone use and distracted driving
How we use cell phone forensics and subpoenas to prove distraction
Why this is critical evidence for recovering full damages in your case
What Are Punitive Damages in Kentucky?
Punitive damages are financial penalties awarded in civil lawsuits where the defendant’s conduct was especially harmful or reckless. Unlike compensatory damages, which reimburse victims for losses, punitive damages are designed to punish and deter egregious behavior.
When Are Punitive Damages Awarded?
Under KRS § 411.184, Kentucky law allows punitive damages when a plaintiff proves that the defendant acted with:
Oppression (intent to harm or violate rights)
Fraud (intent to deceive for personal gain)
Malice (intentional harm or reckless disregard for others)
This standard is higher than ordinary negligence. In distracted driving cases, evidence of conscious disregard, such as texting while driving at highway speeds, may meet the threshold.
Is There a Cap on Punitive Damages in Kentucky?
No. Unlike many states, Kentucky does not cap punitive damages. Juries are allowed to determine appropriate amounts based on the severity of the misconduct.
Cell Phone Use and Distracted Driving: Alarming Statistics
Distracted driving has become one of the leading causes of car accidents in Kentucky and across the United States. Statistics from the National Highway Traffic Administration (NHTSA) indicate that distracted driving causes more than 3,000 deaths and nearly 300,000 injuries every year.
Estimates vary widely regarding the relationship between traffic crashes and distracted driving in the state of Kentucky. The transportation cabinet attributed distracted driving to nearly 100 deaths and 4,500 serious injuries from 2019 to 2023. However, according to the Kentucky State Police, there were 38,972 crashes involving distracted driving in 2022 alone. These crashes caused 134 deaths and thousands of injuries. Cell phone use, including texting, accounted for a significant share of these collisions.
National Trends:
Texting while driving is as dangerous as driving intoxicated, according to data from the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute.
The Driver Distraction in Commercial Vehicle Operations study found that texting while driving raises a driver’s crash risk by 23 times.
How Cell Phone Forensics Help Prove Distracted Driving
If you’ve been injured in a crash and suspect the other driver was using a phone, proving that distraction is key to establishing liability and qualifying for punitive damages.
At Sam Aguiar Injury Lawyers, we don’t just rely on what’s in a police report. We go deeper.
What Are Cell Phone Forensics?
Cell phone forensics is a process of extracting and analyzing digital data from a mobile device to determine:
Time and duration of calls
Text messages sent or received
App usage, including social media or GPS
Unlock activity and screen interactions
This evidence can prove that a driver was actively engaged with their phone at the exact time of the crash, which is critical in distracted driving litigation.
Subpoena Power and Expert Analysis
We work with certified forensic experts and use subpoena power to obtain:
Cell phone extractions through tools like Cellebrite
Call logs
Text records
Messages
App usage data
Cloud-synced activity logs
Mapping
We then create precise timelines showing the driver’s distraction before and during the crash. This evidence can be used to pursue full damages, including punitive awards.
Why Punitive Damages Matter
A crash caused by cell phone use can reflect a pattern of disregard for others’ safety.
Pursuing punitive damages:
Sends a message that reckless driving won’t be tolerated
Increases total recovery for victims and families
Raises public awareness about the dangers of phone use behind the wheel
What To Do If You Suspect the Driver Was Distracted
If you or a loved one were hurt in a Kentucky car crash and suspect cell phone use was involved:
Contact law enforcement, ensuring they respond to the scene and create an accident report.
Get medical attention.
Call an attorney immediately, because critical data on cell phones can be erased quickly.
We’ll act fast to preserve evidence and build your case.
Call Sam Aguiar Injury Lawyers Today
We understand the trauma these cases can cause, and we know how to represent them effectively. If a distracted driver injured you or someone you love, let us fight for justice, full compensation, and accountability.
Serving all of Kentucky with offices in Louisville and Lexington
FAQ
Can I sue a driver for texting while driving?
Yes. If their distraction caused your injury, you may be eligible for compensatory and punitive damages under Kentucky law.
Will my lawyer be able to get the driver’s phone records?
Yes. We can issue subpoenas and retain forensic experts to recover cell phone usage data, sometimes even if it has been deleted.
What if the driver was using hands-free calling?
Hands-free doesn’t mean risk-free. Cognitive distraction is a form of negligence, especially if it affects reaction time.
How long do I have to file a car accident injury claim in Kentucky?
Generally, you have two years from the date of the accident, which can be extended by the last PIP payment (whichever is later), per KRS § 304.39-230.
Exceptions apply, so contact an attorney to confirm your limitations period.
