The Dangers of Driving While Texting and How It Is Perceived

A team of Riverside car accident lawyers explain that one of the main causes of vehicle accidents is driver distraction and one of the fastest growing causes of driver distraction is texting. Numerous studies have uncovered a drastic link between car accidents and text messaging and so much so that in 2009 14 states banned the use of texting whilst driving, including California. This has now increased, and at present there are only a handful of states in which it is still legal to text whilst driving, Florida being one of a few.

Texting whist driving is extremely dangerous as well as causing grounds for a negligence claim. As a result a team of experienced Riverside car accident attorneys who are representing a client will have grounds for a personal injury or wrongful death claim, depending upon the severity of the accident. Like all cases of this nature speed is of the essence because in most states there is a set statute of limitations in which you have to file a personal injury claim.

The ban gathers momentum

The complete ban on texting whilst operating a vehicle has gathered momentum in the past couple of years and so much so that lobbyists include parents, doctors and even the industry leaders in the cell phone companies such as Verizon and the Wireless association. If opinion polls are to be believed then a recent study carried out by Harris Interactive stated that 9 out of 10 American adults want texting banned whilst driving. It is seen as dangerous and distracting to a person who should have their eyes on the road. This is coupled with the findings from the NHTSA who suggest that people who operate a mobile phone whilst driving are four times more likely to be involved in an accident. If you have been involved in an accident and you believe that the negligent party has been texting whilst driving then it is vital that you contact a team of Riverside County car accident lawyers who can offer you grounds for recourse.

This public outrage of texting whilst in control of a vehicle has been fuelled by a number of high profile cases. In Boston in 2009, a trolley driver was charged with an act of gross negligence when 62 people were killed because the driver was distracted by his cell phone, and one year earlier in California 25 people lost their lives and 101 people were injured when the driver of a passenger train collided with a freight train whilst the driver was sending a text message.

Whilst many states have imposed fines, but no imprisonment for offenders, the state of Utah has taken this very seriously. In fact an offender can see up to 15 years in prison and coupled with a $10,000 fine if the driver has caused serious injury or death because of their antics. Because of this, there are now more states that are taking a leaf out of Utah's book and are adopting a much firmer stance.

The problem for any Riverside car accident attorneys or California police remains that unlike driving under the influence of alcohol or drugs, there is no positive test to prove that a person was indeed texting whilst driving and therefore a representing attorney has to rely on witness statements and word of mouth, and of course the credibility of those statements. In many cases attempts to gain cell phone records is often blocked by the defendant's attorneys and this can then prove difficult. However in many cases judges are using their discretion on whether to prosecute DUI drivers for a total disregard of the road and reckless driving offenses.

Civil claims are still difficult to prove if you are filing for personal injury, however if there is a chance that negligence can indeed be proven then it is possible to file for compensation and damages directly against the guilty party. However don't let this put you off. A skilled team of Riverside car accident lawyers explain that from a legal perspective, the recent shift in personal feeling towards texting whist driving accidents falls firmly on the side of the victims and as a result congress will impose severe penalties upon states that don't impose a harsh enough penalty. If you have sustained injuries through the irresponsible behavior of a reckless driver then contact an attorney today.