DWT – Driving While Texting
I bet you’ve done it. If you haven’t, you’ve probably wanted to, and you have certainly seen someone else do it. I’m not judging, necessarily, but it is a very frightening problem. Check out this site:
http://www.
This issue is becoming more and more alarming. Info from this site:
At last check 11 teens die every day due to texting and driving.
In 2011 at least 23% of all auto accidents involved cell phones in some way.
The minimal amount of time you take when looking at your cell phone is 5 seconds. In that time, you travel 100 yards – the length of a football field.
What frightens me is that more and more people are using phones in the car, and more and more people text. The way our culture is developing with expectations of constant and immediate communication there will continue to be a temptation to text and drive.
Whenever phone usage or texting causes an accident, the defendant almost never admits to it at first. So if you have an injury claim where this may have been the cause it’s important to investigate the matter. Unfortunately, you can’t get to cell phone records without litigation and the use of discovery or a subpoena. But sometimes these records are not kept longer than six months, so you have to discuss with your attorney the benefits and detriments of filing suit so quickly.
.
What I find interesting about these cases, from a professional standpoint, is how texting while driving can be interpreted for liability purposes. Clearly, texting while driving is negligent (acting unreasonably under the circumstances). But in most accident cases, negligence won’t be contested. In other words, whether the person was texting, or rocking out to Britney Spears with his eyes closed, their negligence caused the accident so they’re responsible for foreseeable damages. That’s that. They aren’t on the hook any more just because they were texting…
…unless we can successfully argue that texting while driving is gross negligence. If that is the case, it may open the door to punitive damages, meaning that the defendant could possibly be responsible for more than just compensatory damages, but for an extra penalty levied by the court for their egregious activity.
If you have an injury claim that you think resulted from texting while driving, call me immediately. I would love to help.
Trackback from your site.