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Distracted Drivers Hurt People

07/12/2017 by

Texas has taken a stand against Texting while Driving

Car and Trucking accidents caused by distracted drivers are in the media every day.  Those accidents that make the news are often the ones where people have died.  Texas’ new law will no doubt save lives.  If you have questions about the law, have discussed it in this post.

Following this one law it not enough.  There will still be many accidents caused by distracted driving.  NHTSA has a entire page dedicated to distracted driving.

Many of our clients, even before cell phones were victims of distracted drivers.  For whatever reasons, driving is the last thing on the mind of many drivers.  They are thinking about work, what they will eat when they get home, the fact that they are running late, etc.  In our fast paced world, it has become necessary for us to multitask.  That’s great, except when you are driving.

When things go bad while you are driving, those bad things happen fast. Failure to focus on your driving can cause the bad thing – ” I didn’t see the stop sign” or  “I didn’t realize the cars in front of my were stopped for construction” and can affect your ability to react to someone or something else.

Think about the steps that must take from the time of the bad thing to hopefully avoiding it.

  1. The brain has to perceive the bad thing,
  2. The brain has to decide how to respond to the bad thing,
  3. Your brain has to tell you muscles what to do,
  4. The muscles have to respond,
  5. The mechanical device  (brakes, steering wheel) has to respond to the input from the muscles.

The point is a lot of things have to happen when things go bad while driving, and whether someone is hurt depends on a lot of things, but the one thing you can control is how focused you are on your driving.  If you are interested in the details, take a look at this article.

So, when you are driving, drive.  It seems like a simple and mundane task, but it is one that can kill or seriously injure you or someone else.

And in the unfortunate event you are in a car wreck or truck wreck caused by a distracted driver, please give us a call at 903)236-4990.

Board Certified Personal Injury Attorney

I am Chris Jones, and I am a Texas lawyer,  Board Certified Personal Injury Trial Law.

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Texas Texting While Driving Ban Becomes Law

06/06/2017 by

No more Texting and Driving in Texas!       

Governor Abbott signed the Texas ban on texting while driving into law today.  Here is an except from the law:

(b)  An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped. To be prosecuted, the behavior must be committed in the presence of or within the view of a peace officer or established by other evidence.

(c)  It is an affirmative defense to prosecution of an offense under this section that the operator used a portable wireless communication device:

(1)  in conjunction with a hands-free device, as defined by Section 545.425;

(2)  to navigate using a global positioning system or navigation system;

(3)  to report illegal activity, summon emergency help, or enter information into a software application that provides information relating to traffic and road conditions to users of the application;

(4)  to read an electronic message that the person reasonably believed concerned an emergency;

(5)  that was permanently or temporarily affixed to the vehicle to relay information in the course of the operator’s occupational duties between the operator and:

(A)  a dispatcher; or

(B)  a digital network or software application service; or

(6)  to activate a function that plays music.

You can read the complete bill on the Texas Legislature Online.

The criminal penalties under the law are not insignificant:

(e)  An offense under this section is a misdemeanor punishable by a fine of at least $25 and not more than $99 unless it is shown on the trial of the offense that the defendant has been previously convicted at least one time of an offense under this section, in which event the offense is punishable by a fine of at least $100 and not more than $200.

(f)  Notwithstanding Subsection (e), an offense under this section is a Class A misdemeanor punishable by a fine not to exceed $4,000 and confinement in jail for a term not to exceed one year if it is shown on the trial of the offense that the defendant caused the death or serious bodily injury of another person.

(g)  If conduct constituting an offense under this section also constitutes an offense under any other law, the person may be prosecuted under this section, the other law, or both.

Violation of the law should also constitute negligence per se in a negligence case involving a car or trucking accident.  This means the judge will instruct the jury that the failure to comply with this law is negligence in itself.

Please also see our post, Distracted Drivers Hurt People.

East Texas Personal Injury Attorney

We have experience with car and truck accidents and if you need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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