Traffic laws regarding distracted driving vary from state to state. It is apparent that any type of distracted driving is unsafe, but texting while driving may be one of the most dangerous types of distracted driving.
Thousands of Missouri drivers and pedestrians get into traffic accidents each year because a driver was texting and driving. Suppose an accident victim suffers injuries in a traffic accident caused by a driver texting and driving at the time of the accident. In that case, an accident lawyer can help an injured person get the compensation they need to recover after an injury.
Is Texting and Driving Illegal in Every State?
Texting and driving is against the law in 48 of the 50 states. It may come as a surprise, but if a driver is older than 21, they will not face legal consequences for texting and driving in Missouri. Teen drivers have restrictions and may not text and drive.
There are exceptions, of course. If a commercial driver uses a handheld electronic device while driving, they will face legal consequences despite their age. Regardless of their age, bus drivers may not use handheld devices while operating a bus as of January 2022.
Exceptions to this amendment to the law include:
- The bus driver is operating an authorized emergency vehicle.
- The driver is using their cell phone to report illegal activity or call for emergency responders, and the driver is calling to prevent injury to passengers, themselves, or property.
- The driver uses their cell phone to communicate between themselves and the central station or dispatchers.
The prohibition includes any form of communication by the truck or bus driver using the cell phone, including emails, texts, instant messages, direct messages, etc. Drivers cannot use all cell phones, tablets, or other mobile devices while operating a vehicle. The penalty for texting and driving is a $200 fine and two points on the driver’s license.
Bill SB713
Missouri is one of few states that do not punish texting and driving if the driver is over 21. However, lawmakers are attempting to change the law and make it illegal for anyone to use a cellphone to send text messages while operating a motor vehicle.
Lawmakers claim that they are pushing for the law to pass to increase traffic safety. According to the Missouri Department of Transportation, of all traffic crashes in Missouri, 70 percent of those drivers were age 22 or older and used a cellphone when they crashed.
The new law will allow drivers to use hands-free methods of communication, for example, a Bluetooth system. It will also allow handheld electronic communication methods for Uber drivers who need to use their cell phones to accept new fares.
Is It Dangerous to Text and Drive?
According to the Missouri Coalition for Roadway Safety, on average, 108 Missourians die each year in a distracted driving traffic accident. Since 2015, traffic accidents that involved texting and driving have increased by 30 percent. There have been almost 2,500 distracted driving crashes in one recent year alone.
The Center for Disease Control and Prevention reported that eight people die each day after being in a traffic accident with a distracted driver. Three thousand people across the country die every year in traffic crashes caused by distracted drivers.
Distracted driving usually takes one of three forms. Distracted drivers may take their eyes off the road, their hands off the steering wheel, or stop focusing on driving. Texting and driving fall into each of these categories. When driver texts and drives, they focus on what they are typing and take their minds off the road, use their hands to send a message, thereby taking their hands off the wheel, and they must take their eyes off the road to draft a text message.
What Injuries Can Texting and Driving Cause?
Texting and driving lead to traffic accidents. The consequences of distracted driving include possible life-threatening injuries. Driving responsibly can help prevent accidents caused by distracted driving and most other types of traffic accidents.
Injuries that occur in traffic accidents caused by drivers who were texting and driving include:
- Broken bones
- Head trauma
- Internal bleeding
- Brain injuries
According to the National Safety Council, cell phone use while driving is responsible for 1.6 million crashes each year. There are 390,000 injuries caused by texting and driving across the country every year. On average, a texting driver causes one out of four traffic accidents.
If a texting driver
hurts an accident victim, they should contact a car accident lawyer. Accident lawyers help victims get the compensation they need to treat their injuries and help recoup damages for lost wages and property damages.
What to Do After Injuries from an Accident Due to a Driver Who Was Texting and Driving
Texting while driving is negligent. A defendant is negligent because texting and driving breach every driver’s duty to act reasonably. All drivers are responsible to every other driver to care when they are on the road. Acting reasonably means that the driver operates their vehicle without distractions. A driver that was texting and driving at the time of the accident is legally responsible for the harm they caused.
To prove a negligence action, a plaintiff must prove four elements. The elements of negligence are:
Duty
Duty refers to the obligation to act as a reasonable person will in the same or similar circumstances. A duty may arise out of a relationship between two parties. Every driver has a duty to all other drivers on the road to act carefully and safely when they are sharing the road.
Breach
A defendant breaches a duty when they fail to act as a reasonable person will in similar circumstances. It may be challenging to understand if a breach has occurred. A person who texts and drives acts unreasonably and, therefore, breached the duty to drive carefully and exercise care.
Generally, a person who texts and drives is responsible for the harm caused by an accident if one occurs.
Causation
Plaintiffs must prove that the defendant’s breach of duty caused their injury. To establish proximate cause, a plaintiff must demonstrate that the defendant’s actions were causally related to the plaintiff’s injuries. A plaintiff proves that the defendant caused the accident by taking care to go to every doctor’s appointment and follow all medical advice.
An accident victim must also cooperate with each stage of the accident investigation and case stage. An accident lawyer can assist an injured person in proving causation. Accident lawyers know how to structure an argument, negotiate with the insurance company, and present a persuasive case to a jury or judge.
Damages
The negligence lawsuit will fail even if the plaintiff can prove duty, breach, and causation. Non-economic damages can include medical bills, lost wages, property damage, pain, and suffering.
Suppose an accident with a distracted driver injures a plaintiff. They should get medical care at the scene if necessary, go to the doctor and ensure to follow the doctor’s recommendations, and call an accident lawyer. A car accident lawyer works to protect victims’ rights after a crash.
What Happens After a Car Accident?
The parties involved in a traffic collision should call the police. The police will arrive on the scene and speak with the drivers, passengers, and any other witnesses. A police officer will collect witness statements. In addition, the officer will observe the scene and try to understand what happened based on any physical evidence they notice, like tire marks or damage to street signs, streetlights, or surrounding vegetation.
After collecting as much information as possible, the officer will complete their accident report. The officer will make an initial determination regarding who is responsible for the accident. Nevertheless, the police officer’s determination is not the final word on responsibility. But the parties’ insurance companies will still consider the officer’s findings when determining fault for the accident.
No matter who the police decide is responsible for the accident, each driver must report an accident to their respective insurance company. The insurance companies will investigate the facts of the accident independently after the drivers file their reports. The insurance company will decide after the investigation concludes. Premiums may rise as a result.
The responsible driver must pay medical expenses and other damages to the injured party. Negotiations can take months or years, depending on the injuries and property damage severity. If a driver fails to cooperate with their insurance company’s investigation, their premiums might increase, or their insurer may cancel their policy.
In some cases, the responsible driver’s insurance company may not be willing to pay the money that the injured driver needs to recover. An accident lawyer can help accident victims get the compensation they deserve.
How Do Accident Victims Pay Their Legal Fees?
The costs of legal representation are a concern for car accident victims. Due to this, many accident lawyers offer contingency fee structures to help auto accident victims obtain justice without breaking the bank.
A contingency fee agreement states that an attorney will not collect a fee unless you reach a monetary settlement agreement. A contingency fee agreement should specify which litigation expenses you need to pay at each case stage. Lawyers and clients can decide whether to pay litigation expenses in advance or wait until the case settles.
A filing fee, expert witness fees, deposition fees, and mediation fees are litigation costs. In a contingency fee agreement, the lawyer should specify whether you need to pay expenses in advance. A lawyer’s fee in a contingency agreement is a pre-determined percentage of the settlement amount.
Accident lawyers usually charge contingency fees to pursue injury claims without incurring any upfront costs. In other cases, attorneys’ hourly fees or retainer agreements are different from contingency fees. A lawyer who accepts a contingency fee agreement begins representing a client on the condition that they will receive a percentage of the settlement amount they win. Contingent fee agreements keep legal fees low for clients. The contingency fee applies regardless of the length of the case.
Contingency fees mean that any car accident victim can afford to hire an attorney, so you should not let cost concerns stop you from reaching out for help.
Contact a Car Accident Lawyer Today
Car Accident Lawyer, Phillip J. Barkett Jr.
Lawyers for car accidents can assist accident victims. When someone suffers injuries in an accident, they should hire a lawyer to represent them against large insurance companies. Insurance adjusters and defense lawyers help insurance companies achieve the best results.
It can be intimidating or overwhelming to take on a large insurance company or a savvy defense lawyer alone. Adjusters may try to manipulate accident victims into accepting inadequate settlement amounts. Injury lawyers know what arguments insurance adjusters will use to deny compensation to victims. If involved in a motor vehicle accident, it’s best to consult with a qualified accident attorney.
Getting well is the accident victim’s responsibility, and it is the responsibility of the accident lawyer to make sure the injured person can get well in peace with the insurance company. Accident lawyers have the experience, expertise, and knowledge needed to settle an accident effectively.
An accident lawyer can help a victim recover damages after an accident. An attorney is the first step in creating a team that will fight as hard for the victims as the insurance companies do against them. When negotiating a settlement claim, an accident victim has the best chance of success if they work with an experienced and qualified accident attorney. This will ensure that the victim is protected. After suffering injuries in an accident, the victim should contact a qualified accident attorney in their area as soon as possible.