In the digital age, smartphones have become essential to our lives, transforming how we communicate, work, and play. However, this ever-present connectivity has caused a troubling trend: the dangerous habit of texting while driving. This blog post will delve deeper into why you should not text and drive, addressing the potential legal implications, how a personal injury lawyer can help injury victims, and other essential factors related to this matter.
The Disturbing Reality of Texting While Driving
Every instance of a driver deciding to send a text message while driving effectively distracts them from their primary responsibility, which is to ensure the safe navigation of their vehicle. Imagine the scenario where you engage with your phone to send or read a text. Your attention and gaze shift from the road to the device in your hand, rendering you completely oblivious to your surroundings for a time. It’s akin to voluntarily navigating a substantial stretch of road blindfolded.
Beyond the immediate threat to the driver’s life, their own passengers, and those sharing the road, texting while driving carries legal ramifications. It is considered illegal in most states and countries globally, with penalties ranging from substantial fines to even outright suspension of one’s driver’s license, depending upon the circumstances. In fact, 47 states have a texting ban, with only Arizona, Missouri, and Montana failing to adopt one. Only 16 states, however, have a ban on using a phone while driving and require hands-free devices for all drivers.
Since human pedestrians of all sizes are smaller and less noticeable than motor vehicles, the likelihood of a distracted driver seeing a pedestrian in their peripheral vision while looking at their cell phone ad driving is minimal.
Three Types of Distracted Driving Dangers
Driving distractions are commonly categorized into three types – visual, manual, and cognitive distractions:
- Visual Distractions: A driver taking their eyes off of the road is a visual distraction
- Manual Distractions: Any time a driver takes their hand or hands off of the steering wheel, they are manually distracted from the task of driving
- Cognitive Distractions: When the driver’s mind is focused on something other than driving, this is a cognitive distraction
The Crucial Role of a Lawyer
In the unfortunate event of an injury due to another driver texting while driving, the role of a personal injury lawyer becomes indispensable. If you’re a victim, a lawyer will help you navigate the complex legal proceedings surrounding car accidents. They will guide you through the legal process, handle paperwork, collect evidence, negotiate with insurance companies, and represent you in court if necessary.
Importantly, your car accident lawyer can help establish that the other driver was distracted by their phone at the time of the crash. Proving this is often a critical factor in demonstrating negligence in a personal injury lawsuit. Your lawyer can also accurately estimate the value of your claim, including medical expenses, lost wages, property damage, and non-economic damages like pain and suffering.
The Psychological Impact of Texting and Driving
The psychological toll of accidents resulting from texting and driving is an under-discussed aspect of this hazardous behavior. We often focus on physical injuries and property damage when discussing car accidents; however, the mental and emotional trauma that survivors experience can be equally, if not more, debilitating.
Involvement in a car crash can lead to many mental health issues, including:
- Post-Traumatic Stress Disorder (PTSD): Survivors of severe accidents often experience PTSD, a mental health condition triggered by a terrifying event. Symptoms may include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the event. This can interfere with a person’s daily life and relationships, making moving on from the incident challenging.
- Depression: Individuals might sink into a depressive state following the distracted driving accident. The physical pain, the change in lifestyle due to injuries, or the loss of a loved one can trigger feelings of sadness, loss of interest in activities they once enjoyed, or a sense of guilt, particularly if their actions harmed others.
- Anxiety: It’s common for car crash survivors to experience heightened levels of anxiety. They may develop a fear of driving or even riding in a car. This can lead to avoidance behaviors that disrupt normal life.
- Sleep Disorders: Survivors might suffer from insomnia or nightmares following the accident. This lack of restful sleep can exacerbate other mental health conditions like depression and anxiety.
These mental health consequences can persist for months or even years after an auto accident, necessitating professional psychological help. Survivors might need therapy to cope with their feelings and fears, and some might require medication to manage symptoms of PTSD, depression, or anxiety.
Texting While Driving vs. Drunk Driving
You may not think that texting while driving equates to drunk driving, but the statistics tell a different story. The National Highway Traffic Safety Administration reports that driving a vehicle while texting is six times more dangerous than driving while intoxicated. Texting drivers spend up to 400% more time with their eyes off of the road than non-distracted drivers, creating a delay in reaction time equivalent to that of a legally drunk driver.
Using a cell phone while driving, whether it’s hand-held or hands-free, delays a driver’s reaction time by the same amount of time as having a blood alcohol concentration at the legal limit of .08%. Some studies even argue texting and driving can be more dangerous than drunk driving. In fact, a Car and Driver magazine study found that using a cell phone to read or send text messages delays a driver’s reaction time as much or more than the legal limit of alcohol consumption.
In the most recent year for which data is available, 396 people were killed as a direct result of accidents caused by texting and driving, amounting to more than one distracted driving death per day in America.
Contact John Flood
John T. Flood, LLP is an award-winning, experienced car accident lawyer in Corpus Christi, Texas, who is here to answer any questions you or your loved ones may have. Contact us today to find out how we can help in a free initial consultation.
