Driving while texting can cause injuries

Texting has become a national pastime. People young and old have begun to send text messages through their cell phones. Also known as SMS (Short Message Service), the popularity of text messages is shown in the statistics. More than 135 billion text messages were sent monthly in 2009, according to figures from CTIA-The Wireless Association.

At first glance, texting appears to be a harmless endeavor; with a drop in verbal communication between humans appearing to be the only side effect of its use. However, texting is also taking a toll on the driving lane. At least 200,000 crashes in 2008 are believed to have been caused by texting drivers, a number estimated to have accounted for 3 percent of all car crashes that year. Aside from texting, cell phone use was estimated to be responsible for 25 percent of all accidents in 2008.

In response to these statistics, several states have passed laws prohibiting the use of cell phones and text messaging devices while driving. Despite imposing fines on offenders, all four states that participated in an insurance industry study saw crash rates rise after passing laws prohibiting motorists from talking or texting. The study also found that motorists under the age of 25 were more likely to drive and text than any other age group of drivers, according to an InformationWeek article. Crash rates for this age group increased in all four states studied. Drivers ages 18 to 24 cited a perceived low level of compliance by law enforcement officials as a reason for violating their state’s texting/cell phone laws.

To support their position, advocates of state and federal bans on texting/cell phones by drivers point to research on motorists’ reaction times to changing road conditions. A Car & Driver magazine study found that motorists’ response to dangerous road conditions, while texting, was two to three times slower on average than drunk driving over the limit legal. The tests were carried out on a straight road closed to other vehicles.

The increased number of state bans and several studies examining texting by motorists should raise liability concerns not only among drivers, but employers as well. Recent personal injury lawsuits show that employers may be financially liable if the person responsible for the accident was texting or making work-related calls. In some of the cases where the employer was found to be liable, whether the call or text was made outside of work hours or in the employee’s personal car was irrelevant to the outcome. Employers can also be held liable for direct negligence if they knew the employee in question texted or used cell phones while driving for work-related purposes.

If a motorist’s irresponsible texting habits cause you or a loved one to be injured, consult a personal injury attorney to discuss possible compensation options.

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