texting and driving: the legal consequences
TRANSCRIPT
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
TEXTING AND DRIVING:
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
TEXTING AND DRIVING: THE LEGAL CONSEQUENCES
1
It is all too common to see drivers with cell phones to their ears or looking down into
their laps, most likely texting.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
These distracted drivers are a danger to everyone on the roadways, as well as, pedestrians near the roadways. According to some reports, drivers talking or texting on their phones while driving are involved in at least 10 percent of fatal car accidents.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
If you or someone you know is injured or killed in a car accident involving a texting
driver, you need to speak to a car accident attorney to determine your rights.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
WHY TEXTING AND DRIVING IS SO DANGEROUS
2
According to Distraction.gov, the federal government website dedicated to distracted
driving, reports that when a driver is texting, their eyes are off the road for, at a
minimum, five seconds.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
So much can happen in those five seconds and oftentimes does.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
Consequently, each state has enacted its own laws, either limiting or prohibiting cell
phone use while on the road.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
WHAT IS “DISTRACTED DRIVING?” 3
The legal definition of “distracted driving” is “[any] activity a person engages in that has the potential to distract him or her from the
primary task of driving.”
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
There are actually three categories of activities that result in distracted driving: visual, manual and cognitive. Visual distractions occur when you take your eyes off the road, whereas manual distractions result when you take your hands off the wheel. Cognitive distractions are probably the hardest to avoid. As humans, distractions are inevitable and cannot be avoided altogether.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
But, eating while driving, results in all three categories of distracted driving; visual,
manual and cognitive.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
HOW BIG OF A PROBLEM IS DISTRACTED DRIVING?
4
According to statistics published by the federal government, 3,154 people were killed, and more than 400,000 injured, in 2013 in car accidents involving distracted
drivers.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
Twenty-year-olds have the largest proportion of drivers who are reportedly distracted, 10% of whom are involved in
fatal crashes with a distracted driver.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
RECOVERING FOR ACCIDENTS INVOLVING DISTRACTED DRIVERS
4
If you have been injured in an accident caused by a distracted driver, you may be able to recover damages for those injuries.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
If you can prove that the driver was negligent or distracted at the time the
accident occurred, you will likely have a good case.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
If you noticed that the driver was eating or engaging in any other distracted driving behavior, such as texting, talking on the phone, applying makeup, etc., those particular details are extremely important, and should be disclosed to your personal injury attorney.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
CELL PHONE LAWS IN ARKANSAS AND MISSOURI
5
Many state laws regarding cell phone use by drivers are based on the age of the
driver.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
In Arkansas, drivers age 18-20 are prohibited from using a hand-held cell phone while driving. Drivers under age 18 are prohibited from using any type of cell phone while driving, even so-called hands-free. All drivers in Arkansas are banned from texting while driving. Missouri, on the other hand, only bans texting by drivers under the age of 21.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
LIABILITY ISSUES SURROUNDING TEXTING AND DRIVING
6
In every situation, drivers have a legal duty to operate their motor vehicles with care.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
They are required to pay attention to the road, to traffic, and the presence of pedestrians. They must stay alert to changing factors, such as speed, lane changing, and the sudden moves of other drivers. Texting while driving, as one of the worst forms of distracted driving, prevents even the most competent drivers from being able to fulfill their legal duties on the roadway.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
When a driver is careless or negligent in texting, or otherwise using your phone
while driving, that driver may be liable for damages to the injured person.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
POTENTIAL DAMAGES YOUR CAR ACCIDENT ATTORNEY CAN HELP YOU
RECOVER
6
In car accidents involving texting or cell phone use, the negligent driver can be
ordered to pay damages to compensate the injured party for their various losses,
including the following:
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
Medical expenses, ambulance and medical expenses
Mental anguish and pain and suffering, emotional distress, loss of consortium
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
Damage to property, vehicle and body repairs, loss of personal property damaged or destroyed
in the accident such as a computer, clothing, other items
Incidental expenses, such as, crutches, nursing care, rental car fees, over-the-counter
medications
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
CONTACT US!
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
If you have questions regarding car accidents, or any other personal injury
concerns in Arkansas or Missouri, please contact the Cottrell Law Office for a
consultation, either online or by calling us as (800) 364-8305.
Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969 Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
OR
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