How to Fight Texting While Driving
With the advent of cellphones, not only do drivers talk on the phone regularly, they now are texting. Texting while driving is a major contributor to accidents caused by distracted driving. Some states like Missouri have a partial ban (preventing drivers under 22 from texting), but that doesn't stop the common--and dangerous--practice.
According to studies, 6,000 people were killed and an additional half a million injured in accidents caused by distracted driving. All distracted driving is risky, but why is texting so much more hazardous?
Simply talking on the phone surely distracts the driver. It limits the amount they are able to hear, but more importantly it causes the driver to divide their attention between the road and their conversation. However much their mind is distracted, though, the driver will still be looking at the road. Texting while driving is different. Not only does it distract the driver's mental attention, but it forces the driver to completely ignore the road and, instead, to stare at their tiny cell phone screen.
What can we do to prevent the needless deaths and injuries that happen because of driving while texting? A good first step is to follow Oprah's example. The No Phone Zone pledge gets drivers all over the nation to promise not to text while driving. Without anti-texting legislation, this might be the extent of what we are able to do. But, some states HAVE passed laws prohibiting texting while driving, and nothing stops every state in the future from passing their own laws. But, the first and final steps are personal responsibility.
Texting while driving in states like Missouri can make a car accident claim more difficult. While a driver over 22 who texts while driving is not necessarily doing anything illegal, they are not acting responsibly nor doing their due diligence to keep the roads safe. Circumstances like this could be called negligent--a solid ground for an injury case.
Unfortunately an insurance adjuster will probably try to prevent you from getting the full amount owed to you if the accident was caused by another driver texting. They will try their hardest to deny you coverage. For that reason, you must remember that you do have legal options if you are injured. A car accident attorney may be able to fight the insurance company for you—they might be able to get you help with your medical bills.
Before you do anything, the best thing is to be prepared for the worst with a solid base of information. Always look for a lawyer who will provide you with free information on how to best handle a car accident. After that, remember not to text when you drive. Be safe!
About the Author
Jim Brown is a personal injury attorney based in St. Louis, Missouri. He has written several publications, including a guide ror accidents in Missouri and Illinois. You can request a free copy of, "I Survived! The Crash Victim's Guide to Dealing with the Aftermath," to help you get through the post-accident period by going to his website at http://www.CastleLaw.net and clicking "Contact Us."
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