Texting While Driving
Tennessee’s recent ban on texting while driving has attracted a lot of attention in the criminal sphere, but less attention has been paid to this activity from the standpoint of personal injury law. Criminal consequences aside, texting while driving is destined to become an increasingly common cause of roadway accidents and an increasingly popular basis for liability in lawsuits arising from such auto accidents in Pigeon Forge and throughout the State of Tennessee.
Studies have shown that drivers who text while driving are twenty times more likely to crash than drivers who do not engage in such activity. Some studies have even shown texting to be more dangerous than drunk driving. While texting may seem less distracting than talking on the phone or adjusting the radio while driving, scientific analysis to date has shown that it is actually far more dangerous than both of those activities. Texting while driving requires that the driver take their focus off of the road, and at least one hand off of the steering wheel, for the entirety of the time it takes to complete the text. Drivers who are distracted in this manner cannot possibly have a good grasp of what is going on around them, slowing reaction time and increasing accident risk considerably.
A driver who distracts themselves by texting while driving is acting negligently under Tennessee law. The standard for negligent driving in Tennessee is driving in a manner in which a reasonably prudent person would not, which clearly encompasses taking one’s eyes off of the road to interact with a mobile communication device. A driver who causes an accident while texting will possibly be found liable for any and all damages incurred by any party involved, which could result in the party at fault being responsible for an extraordinary amount of damages. Even more disconcerting about texting is that the time the text message was sent or received is easily discernible and can be retrieved and used against a party at fault to show the proximity of texting to the accident.
One of the most convenient features of a text message is that it will remain on the phone until the message is deleted, meaning it can be read any time. While it may be tempting to read the message and respond immediately, the more prudent course of action is to wait until you arrive at your destination. Drivers who need to respond to a text immediately should pull over before doing so. Do not jeopardize your safety and the safety of those around you by engaging in distracted driving, which can lead to injuries and resulting lawsuits.
Sources: http://www.nytimes.com/2009/07/28/technology/28texting.html?_r=3; http://wheels.blogs.nytimes.com/2009/06/25/texting-is-more-dangerous-than-driving-drunk/
