Texting While Driving Accidents

Longview Car Accident Attorneys – (903) 500-2490

At Erskine & McMahon, LLP, we proudly represent the wrongfully injured in all types of car accident cases, including those caused by texting drivers. If you or someone you love was hurt by a distracted driver, call us right away to tell our Longview injury lawyers about what happened. During your case evaluation, we may be able to tell you if you have a valid claim, what damages you can cite, and what to do next to begin.

Why do the people of East Texas trust in Erskine & McMahon, LLP?

• We have over 100 years of total personal injury law experience.
• Our lawyers are highly decorated with professional awards.
• We have recovered millions of dollars for clients through successful case results.
• Past clients have given us high praise and appreciation in testimonials.

Texting and Driving Car Accident Statistics

According to the data collected by the National Highway Transportation Safety Administration (NHTSA) in recent years, 660,000 motorists across the country will use a smartphone while driving each day, resulting in 1.6 million texting and driving car accidents annually. The negligence of these drivers will cause nearly 400,000 injuries a year and approximately 3,500 deaths.

There are laws and regulations to penalize people who text and drive, but it does not guarantee any sort of restitution to the people hurt by distracted drivers. In order to find compensation, someone injured by a texting motorist will need to seek it through a personal injury claim.

Texting While Driving Causes Three Forms of Distraction

Texting while driving is inherently and severely distracting, engaging the driver is three distinct forms of distraction, according to the Centers of Disease Control and Prevention (CDC). When all three of these distraction forms are experienced at once, it is virtually impossible for someone to safely operate a motor vehicle.

The three types of distraction categorized by the CDC are:

1. Visual: An activity that takes the eyes of the driver off the road and mirrors. Looking at a text message will distract the eyes for five seconds, on average. This time increases sharply if a reply text is prepared and sent.
2. Manual: An activity that removes the driver’s hands from the steering wheel, gear shift, or clutch. Picking up a smartphone to read a text message will create a brief yet dangerous manual distraction. Typing out a reply will be all the more reckless.
3. Cognitive: An activity or thought that removes the driver’s focus away from the task of safe, defensive driving. A National Safety Council (NSC) study found that the average cognitive distraction experienced by a texting and driving motorist lasts for as long as the driver is holding the phone and for another 30 seconds after putting it down. The 30-second delay in regaining full attention is caused by lingering thoughts about the message, meaning even checking a text for just 5 seconds causes a full 35 seconds’ worth of dangerous distraction.

When a driver chooses to use his or her smartphone behind the wheel, he or she has essentially thrown away any mind for safety and should have any and all liability for an accident placed directly as his or her feet. Our Longview car accident attorneys will want to closely analyze your accident reports and any evidence you have to see how it can be proven that the driver that hit you was using a smartphone at the time. In doing so, we may be able to reduce your liability down to zero percent, allowing you to collect as much compensation as possible.

Hands-Free Devices are Not Safer

In many distracted driving car accidents, the liable party will make the claim that he or she was not using a smartphone directly but instead had a hands-free device. Please take careful note if this is said by the other driver in your accident. You should also try to get it in writing, as it could be a crucial element to your subsequent claim’s success.

The NSC and other safety organizations have recently come to the conclusion that hands-free devices do not actually do anything to make texting and driving safer. This lack of safety improvement is most likely due to the fact that a driver still engages in one, two, or three forms of distraction when using a hands-free device. A driver that admits to using a hands-free device at the time of a crash could be practically admitting to full liability.

Damages to Claim in Your Distracted Driving Case

A person harmed by the negligence of a distracted driver should not be held accountable for his or her own damages. The entire point of filing a personal injury claim is seeing that he or she is compensated fairly for the costly results of a collision that he or she did not cause. Our Longview car accident attorneys carefully examine the circumstances and consequences of each case we take in order to ensure that every possible form of damage is included within the claim and ultimately covered with adequate compensation.

Damages that might be relevant to your case include:

• Emergency medical costs
• Hospitalization and rehabilitation bills
• Cost to repair or replace your vehicle
• Lost, missing, or reduced wages due to your injuries
• Lessened enjoyment of day-to-day life
• Emotional pain and physical suffering