Tylers’ texting drivers that cause auto accidents are guilty of both negligence and gross negligence. Personal injury attorneys that handle auto accidents need not wait for the passage of new laws specifically addressing texting related auto accidents. Texting falls squarely within the boundaries of existing Texas law.
Studies have concluded that texting while driving is as much as twenty times more dangerous as driving while intoxicated. A credible argument can be made that a texting driver is more deserving of punishment than a drunken driver. An intoxicated driver consumes alcoholic beverages and with judgment impaired by alcohol makes the decision to drive. Contrast the drunken drivers’ behavior with that of the texting driver who with a clear mind makes the decision to take their attention off of the roadway and to focus on texting while operating a motor vehicle.
Chapter 545 of the Texas Transportation Code defines reckless driving as willful and wanton conduct. Certainly the texting driver has exhibited a willful and wanton disregard for the safety of the motoring public. There is not a driver on the Texas roadways who has not been warned against texting while driving yet texting continues to be an increasing cause of auto accidents.
My law firm files all texting related auto accident cases as both negligence and gross negligence cases and requests that punitive damages be awarded against the texting driver.
For more information contact a Tyler Auto Accident Attorney today.