Texas again attempts to pass a texting while driving ban

April 24, 2013

Texas again attempts to pass a texting while driving ban

Article provided by Lovett Law Firm
Visit us at http://www.lovettlawfirm.com

Distracted driving is a big problem in Texas and across the nation. Texas Department of Transportation statistics show that more than 81,000 car accidentswere caused by driver distraction, inattention or cellphone use in 2011. Despite this fact, it seems that many drivers are unable (or unwilling) to put down their phones.

Numerous studies show that one of the most distracting activities that a driver can do is send or read a text message while driving. In response to this danger, all but 11 states have enacted legislation banning this activity. Although texting while driving is currently illegal in Texas for young drivers who are learning to drive, a statewide ban for all ages remains elusive, despite attempts in the past to change that.

However, this would change if a bill submitted by Rep. Tom Craddick successfully passes. He recently introduced House Bill 63 to the Texas House of Representatives that would prohibit writing, reading and sending a text-based communication on a wireless device while behind the wheel. Under the bill, a "text-based communication" is defined as virtually any electronic message, such as a text message, instant message or e-mail.

Although at a first glance, the bill may seem like it is a broad ban of text messaging, but in reality this is not true. The bill has several exceptions where sending text messages would not violate the ban:
-Dialing a telephone number
-Reporting an emergency or illegal activity to the authorities
-Using a hands-free or voice-operated wireless communication device
-Using a device for navigational or GPS purposes

Like the ban in many other states, Craddick's proposed ban on wireless communications would not apply to operators of emergency vehicles who send text-based messages in furtherance of their official duties.

Craddick's bill is controversial. Critics contend that such a ban would be difficult to enforce, as it is often difficult for law enforcement to differentiate between someone texting and someone using their cellphone legally. Additionally, supporters fear another veto by Gov. Rick Perry, who vetoed a similar distracted driving bill in 2011. Perry has called Craddick's bill, "government micromanagement."

A personal injury attorney can help

It is unclear at this point whether the bill will pass. However, regardless of the outcome, those who are injured by distracted drivers have the legal right to seek compensation against the careless driver. Under Texas law, victims are entitled to recover damages flowing from the accident such as present and future medical expenses, loss of wages and pain and suffering. In addition, the families of those who are killed by a distracted driver have the right to recover damages in a wrongful death lawsuit.

If you or a loved one has been injured or killed in an accident caused by a careless or inattentive driver, contact an experienced car accident lawyer to protect your right to compensation.