Driving while distracted is a leading cause of crashes. I have handled a lot of these cases. Hopefully our legislature may finally do something to ban cell phone use while driving when it begins its biennual session in January in Austin.
Yesterday, San Antonio representative Jeff Wentworth prefiled his proposed House Bill 138 which would prohibit using a cell phone while driving, except when using a hands-free device or making an emergency call. Hurray!
Studies have proven that talking on a cell phone, even with a hands free device, is comparable to driving while you are drunk — and even worse. And various states have already banned texting and/or calling for all drivers/those under 18/those with learners permits, or only bus drivers. I was warned not to use my phone in the past few months in Oregon and Connecticut.
Text messaging alone caused more than 16,000 deaths in car accidents from 2001 to 2007. And the death rate in crashes involving cell phones and texting while driving rose 28 percent in just three years, from 4,572 in 2005 to 5,870 in 2008.
My law office has handled many vehicle crash cases when a texting driver crashed into our client’s truck or car. I recently settled a case for a substantial sum after I subpoenaed cell phone records to prove that the defendant driver was texting while she was driving — despite her denials. Click here to read about her case.
If you or a loved one is involved in an accident where the driver was texting while driving or otherwise distracted please contact my office immediately at 817-885-8000 so I can subpoena their cell phone records and fight the insurance company to get you the settlement you deserve.