We all have seen them. While stuck in traffic, or even while hitting high speeds on a highway or freeway, other drivers are texting and driving. If we are all honest with ourselves, it's possible that everyone has done this dangerous act at least once while behind the wheel. Since cell phones have become readily available, texting and driving has become a dangerous trend, as it is often the reason behind a person's car accident injuries.
Texting and driving is viewed as a type of distracted driving behavior that is not only dangerous, but illegal in most states. With cell phones increasing their technological capabilities, it's not just texting that could be happening when a driver is distracted by their cell phone. A driver could be posting on social media, taking a video or scrolling through their music selection. All of these behaviors fall under the category of texting while driving.
A full investigation can help to determine if the other driver that was involved in your car accident injuries was texting while driving. Cell phone records are a great resource for this, or even social media can pinpoint at exactly what time a post or message was sent. Other indications of texting and driving include swerving and an inability to maintain speed, among other behaviors. Ignorance is not a defense to causing injuries in a crash while texting and driving.
These personal injury suits hinge on the premise of negligence when seeking damages for the injury victims. If not, 'but for' a person's activities while texting and driving, had the crash of occurred? All drivers owe a duty to themselves and other drivers to make safe and legal choices while behind the wheel. An inability to do that could mean they are responsible for the outcome.
Source: traffic.findlaw.com, "Texting while Driving," Accessed June 19, 2017