Distracted Driving Can Impact Personal Injury Cases

On behalf of Lovett Law Firm posted in Car Accidents on Friday, August 9, 2013.

The Texas Department of Transportation has been making the rounds in North Texas for the last several months, showing students, businesses and the general public the dangers of distracted driving first hand. The way they’re doing it is by hooking folks up to a program that simulates distracted driving. No better—and by better we mean safer—way to learn about distracted driving than by virtually experiencing it.

Texas, like many other states, has a significant problem with distracted driving. Last year, over 90,000 crashes in the state were chalked up to distracted driving in some form, whether it be cell phone usage or some other reason. In 450 of those accidents, 450 were killed.

Texas has attempted, again as other states, to address the problem by passing restrictions on cell phone use. Overall, the restrictions are fairly mild. Drivers under 18 are not permitted to use cell phones in the first year of obtaining their license. Several cities having banned texting while driving, but the only major restriction on drivers is that they must use only hands-free phones in school zones. Legislative attempts to pass stricter laws have been unsuccessful.

Drivers that cause accidents because of distraction can find themselves paying for their mistakes in the courtroom. This is especially the case in Texas personal injuries cases, where comparative fault matters a great deal in certain cases. Under Texas’ modified comparative negligence rule, a driver is able to be deemed responsible for up to 51 percent of his or her injuries, and to still recover damages. In cases like these, every factor counts, and when distracted driving is a factor, it can push a close case over the edge.

Source: Dallas Morning News, “Texas Transportation Department brings distracted-driving simulator to Dallas-Fort Worth,” Tom Benning, August 4, 2013.