It may not appear to some that texting while driving is particularly dangerous. But the fact is that texting is a major distraction from driving and is the direct cause of thousands of highway crashes each year. Those crashes have consequences, including serious injuries and death.
In some ways, a texting and driving case is similar to other auto accident cases. In both, the issues of negligence, causation and damages need to be addressed. But texting presents certain issues not present in other accident cases, not the least of which is the enormous number of accidents, injuries and deaths that occur as a result of it.
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Texting and Driving Facts and Statistics
Texting while driving is becoming one of the most common causes of automobile accidents. According to the NHTSA, of all the distracted driving activities, texting is “the most alarming.” Recent studies indicate that:
- If you text while driving, you are six times more likely to have an accident.
- Teen Deaths. More than ten teenagers die each day as the result of texting and driving.
- Distracted Driving. Answering a text causes a driver to be distracted for approximately five seconds. At a speed of 55 mph, you would cover a distance longer than a football field.
These are just a few of the alarming statistics regarding the results of texting and driving.
Distractions Caused by Texting While Driving
If you text while driving, you will be distracted from your primary responsibilities, which are to pay attention, adhere to the traffic laws, and not engage in behavior that causes a danger to others on the roadway. Those distractions affect someone who texts while driving in a number of ways:
- Manual Distractions. Any time a driver takes one hand (or both hands) off the wheel for any reason, including texting, that driver is distracted.
- Cognitive Distractions. These are distractions that involve the mind, in particular, a failure to focus on driving. Texting is an example of how a driver loses concentration on driving, and on his or her surroundings.
- Visual Distractions. When you look at something other than the road ahead of you, you are distracted. Staring, or even peeking at your cell phone to respond to or send a text is an obvious visual distraction.
While texting is just one of many things that can cause a driver to be distracted, the consequences of texting while driving – in terms of the number of accidents, injuries and deaths – is overwhelming.
How Do We Prove Fault in a Texting and Driving Case?
If you have been injured in a car accident because one of the drivers involved was texting while driving, you need to be able to prove your case in order to be entitled to an award of damages. While no two cases are exactly the same, there are a few common ways in which we at the Kelly Law Team establish fault in a texting case. They include:
- You observed it. Whether you were driving at the time of the accident, a passenger, or pedestrian, you may have observed one of the drivers holding a cell phone in position to read, prepare or send a text.
- A witness observed it. Others in the vicinity, whether involved in the collision or not, may have witnessed a driver using a cell phone at the time of or just prior to the accident.
- Cell phone records confirm it. Data from a cell phone can be critical information in an auto accident case. We know how not only to obtain the data, but also how to present it as evidence in court, if necessary.
Proving fault in a texting case, as in other distracted driving cases, may involve multiple sources of information, any one of which could help establish liability, and ultimately, your entitlement to an award of damages.
Phoenix Texting and Driving Injuries
If you have been injured in an accident which you believe was caused by texting while driving, you want an attorney experienced in distracted driving cases. John Kelly is a Phoenix personal injury lawyer who knows the law and how to maximize your recovery. As an experienced auto accident attorney, Mr. Kelly understands what is required in order to establish that texting while driving was the cause of your injuries and other losses. Contact us today for your free consultation.
Call the Kelly Law Team at 602-283-4122