“Hey Guys, Watch This”
If there are such things as famous last words that precede an automobile accident, “Hey guys, watch this,” may just be those words. Rarely does such a statement precede a safe and reasonable driving maneuver, as a nineteen year-old Montana woman would probably attest. The woman was escorting three passengers in her SUV while reportedly high on marijuana, speeding, and texting. Surprisingly, these three activities did not combine to see the vehicle’s occupants safely home. The driver was reportedly intentionally causing the vehicle to fishtail when she said “Hey guys, watch this” before losing control of the vehicle which went off the road, through a fence, and rolled four times. Two of her passengers were ejected from the SUV during the wreck and suffered serious injuries while the third suffered less severe, but still substantial, injuries. The driver is also facing criminal charges.
It almost goes without saying that if the driver was engaging in the reported behavior at the time of the accident that she will be liable for the medical expenses and damages incurred by her passengers. Texting, speeding, and driving under the influence are sources of negligent driving in Tennessee; when you combine the three activities it is almost a certainty that the victims will be compensated for their damages by the driver. Behavior such as intentionally causing the vehicle to fishtail is also negligent, and may even be considered reckless by the jury such that it warrants a punitive damages award. The problem with this however, is that the driver is unlikely to be able to pay for the medical expenses alone, much less a tacked-on punitive damages award. This article serves to illustrate the dangers of several different types of negligent driving. Texting while driving, speeding, driving under the influence, and thrill driving are all negligent behaviors that are likely to cause accidents. When all of these factors are present at one time, it is a recipe for disaster.
Source: http://billingsgazette.com/news/local/crime-and-courts/article_b2eca4b2-108b-11df-9d4a-001cc4c03286.html
