Accidents Caused By Texting and Driving
Cell phones have become an unavoidable part of life for many Americans. Even for people who grew up without this technology, it has worked its way into their daily activities and has become a way they keep in touch with family, friends and colleagues throughout the day. As new drivers enter the US roadways, many of new drivers will not even remember a time without cell phones. The unfortunate result on the road is that there are more than a million cell phone related car accidents in a year. And even though we all have heard how dangerous it is to text and drive, many people, especially teenagers and other young people still believe that they can drive safely while texting. In a response to this relatively new danger on the roads, states have started to create laws banning individuals from texting, and in some cases, using their cell phones at all while they are behind the wheel. Currently, there are 46 states that have laws banning people from texting while driving, and D.C., Puerto Rico, the U. S. Virgin Islands and Guam all have laws against texting as well.
Despite the many laws designed to lower the rates of texting while driving, the practice persists and causes many accidents. If you were involved in an accident where the other person was texting, you might find yourself wondering how the other driver's texting will impact your ability to collect compensation for your injuries.
Most car accident claims revolve around the issue of negligence. Negligence occurs when a person does not meet their duty to act in a reasonable and prudent way under the circumstances. When a driver is involved in a collision and it comes to light that they were texting at the time of the accident, this information can help to make a strong case that the texting driver was negligent - and rightfully so, since a texting driver may cover a football field's length of road without looking at where they are going! Additionally, since texting and driving is illegal in so many states and territories, the fact that a driver who was texting also broke the law can work against that driver if he or she makes an attempt to claim that he or she was not negligent. Thus while a texting driver could still have been the less negligent driver in a collision, the fact that a driver was texting can play strongly in the other driver's favor because, much like driving while intoxicated, texting while driving is statistically implicated in many serious and fatal auto accidents.
If you were injured as the result of a driver who was texting while behind the wheel, you should contact and attorney at Montlick & Associates to learn about your legal rights and options as well as what steps are necessary to protect those rights. Do not delay in seeking legal assistance, as you have a limited amount of time to pursue a claim.
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Source: https://www.distraction.gov/stats-research-laws/state-laws.html and https://en.wikipedia.org/wiki/Negligence
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