The act of sending or receiving text messages or emails or utilizing a phone’s internet capabilities while operating a motor vehicle is known as texting and driving. Most places consider it unsafe and unlawful since it might distract drivers and increase the likelihood of an accident.
Texting While Driving Laws
What Are the Laws on Texting While Driving?
Texting and driving laws differ by state in the United States. Some states have outright prohibited the use of handheld devices while driving, while others have just prohibited texting or rookie drivers from using them.
Some states have primary enforcement, meaning an officer may pull over a vehicle just for texting while driving. Some jurisdictions use secondary enforcement, which means that an officer may only issue a ticket for texting while driving if the motorist has already been pulled over for another offense.
Federal regulations ban some forms of texting while driving, in addition to state restrictions. For example, the Federal Motor Carrier Safety Administration has prohibited commercial truck and bus drivers from texting while driving.
Furthermore, several jurisdictions have texting and driving statutes that raise the penalty if the motorist is also proven to be at fault in an accident. If the collision causes damage or death, it may result in criminal penalties such as reckless endangerment or vehicular manslaughter.
In general, it’s advisable to avoid using a phone while driving since it may cause texting and driving accidents and violate the law.
What Are the Penalties for Texting While Driving?
The consequences of texting and driving vary based on the state and the details of the case.
A first infraction is normally punished with a fee, with increased penalties for future crimes. Some states also have a point system for traffic offenses, with each offense adding points to a driver’s license. Too many points might result in license suspension or revocation.
Texting while driving is a criminal violation in several places and may result in jail time for texting and driving, particularly if the motorist causes an accident that ends in injury or death.
Texting and driving restrictions may be more stringent for young drivers. Many jurisdictions have a “Graduated Driver Licensing” (GDL) scheme that puts extra limitations on young drivers, such as prohibiting using mobile phones while driving. Violations of these limitations may result in a driver’s license suspension or revocation.
You may find your state’s exact rules on the Governor’s Highway Safety Association’s website, which provides information on all state laws and regulations.
In general, it is better to avoid using a phone while driving since it is unsafe and may result in fines, points on your license, and, in certain situations, prison time.
What Compensation Can I Receive If I Have Been Injured By Someone Texting While Driving?
You might be entitled to compensation for your losses if you were injured in a vehicle accident caused by someone texting while driving. The amount of compensation you may obtain will be determined by the facts of your case, but it may include the following:
- Medical bills: Medical expenditures may include hospitalization, surgery, physical therapy, prescription medicines, and any other medical procedures required as a consequence of your injury.
- Lost earnings: If you cannot work due to your injuries, you may be entitled to claim compensation for your lost income or salary.
- Pain and suffering compensation: This compensation is meant to pay you for your physical and emotional pain and suffering as a consequence of your injuries.
- Property damage: If your automobile or personal property was damaged in the collision, you might be eligible to recoup the cost of repairs or replacement.
- Punitive damages: A court may impose punitive damages if the driver’s behavior was extremely reckless or irresponsible. These penalties are meant to penalize the motorist and discourage such behavior in the future.
To be compensated for your injuries, you must file a personal injury claim against the motorist who caused the collision. This usually entails demonstrating that the motorist was careless and that their recklessness caused your injuries.
To establish negligence, you must demonstrate that the motorist was responsible for driving with reasonable care, that they broke that duty by texting while driving, and that the violation caused your injuries. You will also be required to show proof of your damages, such as medical bills, pay stubs, and other paperwork.
It is critical to remember that if you have been harmed as a result of someone texting while driving, you should contact an attorney as quickly as possible. An attorney can assist you in navigating the legal procedure, gathering proof, and negotiating with the insurance company to ensure you obtain the money you are entitled to.
Furthermore, if the motorist who caused the accident was under the influence of alcohol or drugs, the case may be more serious, and the damages and compensation may be raised.
Moving quickly in these circumstances is critical because there is a statute of limitations, a time restriction on how long you have after an accident to submit a claim. The statute of limitations varies by state, although it may vary between one and three years. You cannot claim compensation for your injuries after the statute of limitations has expired.
If you were harmed while driving while texting, you might be entitled to compensation for your losses, including medical bills, lost earnings, pain and suffering, property damage, and even punitive damages if the driver’s behavior was extremely reckless or irresponsible.
It is critical to connect with an attorney as soon as possible so that you can collect evidence to support your case and obtain the money you deserve.
Are There Any Defenses to Texting While Driving?
There are various possible defenses that a person charged with texting while driving may use in court. Among the most frequently-used texting while driving defenses are:
- Inadequate evidence: The prosecution must show that the motorist was texting while driving. The prosecution may struggle to establish its case without specific proof, such as a picture or video showing the motorist texting.
- Mistaken identity: If the driver was not the one who was texting while driving, they might utilize this as a defense. For instance, if the driver says that they were not using their phone at the time of the accident but that a passenger in the car was.
- Emergency: In rare circumstances, the motorist may argue that they were texting while driving due to an emergency scenario, such as a medical emergency or the need to contact for assistance. It is crucial to note, however, that courts do not usually recognize this argument.
- The accident was not caused by texting: The driver may argue that the accident was caused by anything other than texting, such as a mechanical problem or the carelessness of another motorist.
It is crucial to remember that the effectiveness of these defenses will be determined by the facts of the case and the laws of the state where the accident happened. Each case must be reviewed separately, and the defendant must prove these defenses.
Additionally, if you are facing accusations of texting while driving, you should speak with an attorney, who will be able to examine your case and advise you on the best defense approach.
Do I Need a Lawyer If Facing Texting While Driving Charges?
If you have been charged with a traffic violation for texting while driving, you should speak with a traffic violation attorney as soon as possible. A traffic violation attorney can assist you in understanding the allegations against you, advising you on the best defense strategy, and representing you in court.
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