Punitive Damages as a Deterrent to Distracted Driving: Where the Statutory Penalties Fall Short, the Supreme Court of Pennsylvania Must Fill the Gap

Authors

Abagail Hudock

Abstract

Punitive damages have always been one of the more controversial remedies available for tort harms.¹ While a minority of states prohibit punitive damages altogether,² the majority of jurisdictions embrace them not only as a means of punishment on those tortfeasors who commit especially heinous, callous, or irresponsible acts, but also as a deterrent to others from committing such conduct.³ They function, therefore, as a societal protection against behavior that poses a great risk to the public that criminal penalties and compensatory damage awards might not be able to prevent or attenuate on their own.

First Page

195

Recommended Citation

Abagail Hudock, Punitive Damages as a Deterrent to Distracted Driving: Where the Statutory Penalties Fall Short, the Supreme Court of Pennsylvania Must Fill the Gap, 62 Duq. L. Rev. 195 (2024).
Available at: https://dsc.duq.edu/dlr/vol62/iss1/21