Accidents Caused by Texting

Is Texting While Driving Legal?

In a 2007 study conducted by Clemson University, text messaging and using iPods caused drivers to leave the lane they were driving in 10% more than non-texting drivers. In October 2009, President Obama signed an Executive Order forbidding Federal workers from texting while driving. In January 2010, the U.S. Transportation Department announced a ban on texting while driving applicable to interstate buses and trucks over 10,000 pounds. Currently, nineteen states and the District of Columbia prohibit drivers from texting. A number of cities in Ohio, including Cleveland, and counties, including Summit, have passed ordinances prohibiting texting while driving. A bill that would prohibit texting while driving has been introduced in the Ohio legislature. Both houses of the U.S. Congress are considering bills to restrict texting while driving.

How Dangerous is Texting While Driving?

Texting while driving is extremely dangerous. Several studies have shown that texting while driving impairs drivers' abilities similar to driving under the influence of alcohol. A study conducted by Virginia Tech's Transportation Institute found that truckers who text are 23 times more likely to be involved in a crash or near miss. The National Safety Council recently released statistics indicating that 28 percent of traffic accidents occur when drivers are talking on cell phones or texting. The Federal Motor Carrier Safety Administration compiled data that shows that a driver sending and receiving text messages takes his eyes off the road an average of 4.6 seconds of every six seconds while texting. This translates to a period of about 100 yards while driving at 55 miles per hour without looking at the road. Back to top.

How is Percentage of Fault Determined in an Accident Involving Texting?

After an accident, an insurance company claims adjuster typically will investigate the circumstances surrounding the accident and assign relative degrees of fault to the parties to that accident. This is a purely subjective determination and is usually the subject of negotiations between the injured party and the insurance company. This is where the Brown & Szaller law firm can help you. Our lawyers understand the factors that go into the insurance companies' determinations of fault and we are skilled at investigating and assessing accidents and advocating on the injured person's behalf for the lowest percentage of fault. Back to top.

Does the Fact That a Driver Was Texting Affect His Victim's Ability to Obtain Recompense in an Accident Involving Texting?

Usually, yes. The question of who is at fault in an accident is probably the most important aspect of any car accident claim. Fault is determined by negligence. The person at fault is the person whose negligence is responsible for causing the accident. Usually, it is the person at fault who must pay for the damage he or she caused by acting negligently. When someone crashes their car into a pedestrian or another car while texting, that person is likely at fault. Sometimes, it is not clear whose was negligent or whose negligence caused a car accident. Sometimes, more than one person was negligent and there is shared fault. In that case, fault is apportioned between the negligent persons, depending on their contribution to the cause of the accident. As such, it is important to retain an experienced lawyer who is skilled at ferreting out the true cause of an accident and establishing that a person was texting at the time. The lawyers at Brown & Szaller are experienced at establishing that a texting driver was the responsible party in an accident. Back to top.

Punitive Damages

Drivers who text while driving can be sued for punitive damages or damages above and beyond compensation to an injured person so as to punish the offender for reprehensible conduct. This threat usually results in favorable insurance settlements because insurance companies do not want to expose their insured to personal damages beyond the insurance coverage. Back to top.

What Should I Do if I am Injured in an Auto Accident by a Texting Driver?

The first thing you need to do, assuming you are not rushed off to the hospital with life-threatening injuries, is to take stock of the situation. In other words, you need to gather evidence, talk to witnesses, take photographs with your cell phone camera, document the condition of the driver, and write down all important information. Back to top.

YOU CAN FIND A CHECKLIST OF INFORMATION YOU NEED TO GATHER HERE.

Should I Contact a Lawyer if a Loved One is Injured in an Accident by a Texting Driver?

It is important to seek legal assistance from a lawyer with experience in the type of injury your loved one has sustained as soon as possible after the accident. Your lawyer will need time to obtain witness statements and gather a variety of information, including phone records, that is necessary to prosecute your case. The earlier you contact a lawyer, the greater your chance of obtaining a strong recovery either through settlement or if you have to file a lawsuit for compensation. With adequate time, an experienced lawyer can strengthen the case, emphasizing favorable facts while fortifying weaknesses in the case. Do not attempt to handle the case on your own. There are likely to be issues of fault, subrogation and insurance coverage that only an experienced lawyer will understand.

An experienced lawyer will know the general contours of information required to strengthen your claim for compensation and how to obtain that information quickly and with the least amount of problems. Thus, you increase the likelihood that you will prevail in your case and you increase the amount of compensation you are likely to recover by retaining a lawyer with experience in auto accident cases, particularly where texting is involved. An experienced lawyer, such as those at the Brown & Szaller law firm, will meet with you, listen to what you have to say, explain your legal options, gather the critical evidence, obtain and review medical reports and witness statements, and help you decide upon the best course of action. Brown and Szaller lawyers will guide you through a complicated process involving insurance issues, pay back (subrogation), the amount of coverage and whether your own coverage applies. Do not trust the at fault parties insurance carrier. Brown and Szaller has handled numerous car accident cases to successful conclusion.


The lawyers at Brown & Szaller will meet with you for a free initial consultation. Even if you are unsure whether you have a claim for compensation we will discuss the facts of the case and your options and together determine the viability of your case with no up-front charge.Back to top.

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