September 02, 2011 (Press-News.org) Distracted driving takes a horrible toll on innocent Missouri drivers every year. It does not matter whether the distraction comes from applying makeup, checking a map, talking to a passenger or changing a radio station; a moment's negligence, even at moderate speeds, is enough for a car or truck to miss a stop sign or veer into an opposing lane and cause a serious or fatal auto accident. Missouri personal injury attorneys are all too familiar with the horrific harm that such accidents can cause to injury victims and surviving family members.
Personal electronic devices receive well-deserved blame as a major contributor to Missouri distracted driving accidents. Even hands-free cell phone use has been shown to divert a driver's attention from the road ahead and increase the chance of a car accident or truck wreck. But texting while driving is one of the most dangerous distractions in which a motorist can indulge.
Missouri's distracted driving laws are among the most lax in the country, and currently the only banned activity is texting by drivers who are 21 and younger. (Illinois bans all cell phone use by bus drivers and novice drivers (under 19), texting by all drivers, and cell phone use in school or construction zones.) Therefore, highway safety advocates are welcoming proposals before the Missouri legislature to make texting while driving illegal regardless of the driver's age.
Texting While Driving Increases Motor Vehicle Accident Rates
The National Highway Traffic Safety Administration (NHTSA) reports that 20 percent of all fatal crashes in the U.S. are caused by distracted drivers. Missouri State Highway Patrol statistics attributed 167 fatal highway accidents in 2009 to driver inattention. A troubling percentage of these were the result of cell phone use, and law enforcement will soon begin tracking the number of these highway deaths that are caused specifically by texting.
One clear piece of evidence that Missouri's current law misses the mark: NHTSA data reveals that drivers in their 30s had the highest percentage of cell phone use as the distracting activity identified as the cause of a fatal crash. A recent study by the Pew Research Center Internet & American Life Project revealed that nearly half of all texting adults admit to reading or sending texts while driving. The same survey found that only a third of teen drivers who own texting devices had done so behind the wheel.
Expanding criminal penalties to all people for texting while driving should reduce distracted driving accidents, both by providing consequences for unsafe behavior and by raising awareness about the issue. Yet the bills before the House and Senate are not without opposition, and some legislators seek to water down the proposed laws by not designating texting as a primary offense. This would mean that law enforcement could not pull over a driver who is seen texting, but could only cite them if they were pulled over for another infraction such as speeding or reckless driving.
Missouri Car Accident Attorneys Seek Out All Evidence of Driver Negligence
The vehicle damage caused by auto accidents and truck accidents is often serious, but those effects can never compare to the extreme human suffering that often results. It is hard enough to accept such losses when an accident has no apparent cause. But when another driver's negligence leads to severe injuries or a wrongful death, victims and surviving family members need clear advice and dedicated advocacy.
A Missouri personal injury lawyer who understands the complexities behind assessing blame in the aftermath of a car wreck is an important asset for anyone who needs to fight for the damages they deserve. One of the sponsors of Missouri's proposed texting ban suggests that such negligence may even be more dangerous than DWI. In the eyes of the law, any failure on a driver's part to heed safe driving practices - especially those mandated by statute - can be grounds for a finding of liability.
By investigating all aspects of an accident, from skid marks on the scene and vehicle black box data to witness accounts, auto defects, or an injury victim's prospects for a full recovery, car crash attorneys help clients optimize their legal outcomes. Whether or not the Missouri legislature further criminalizes texting while driving, victims of another driver's callous disregard for others' safety have legal recourse.
Article provided by Devereaux, Stokes, Nolan, Fernandez & Leonard, P.C.
Visit us at www.gonzalofernandez.com
Missouri Lawmakers Consider Comprehensive Driver Texting Ban
Victims of distracted driving may not even realize at the time of their injuries what exactly was the cause of the car accident in which they were involved. Texting while driving, along with many other roadway distractions, can cause serious, even fatal, injuries.
2011-09-02
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[Press-News.org] Missouri Lawmakers Consider Comprehensive Driver Texting BanVictims of distracted driving may not even realize at the time of their injuries what exactly was the cause of the car accident in which they were involved. Texting while driving, along with many other roadway distractions, can cause serious, even fatal, injuries.