At least 3,142 lives were taken in a recent year due to distracted driving, according to the National Highway Traffic Safety Administration (NHTSA). Tragically, all of these deaths could have been prevented had the driver just decided to pull over before texting or engaging in some other activity that took their attention off of driving.

At the Burch Law Firm, we help families who are affected by the senseless actions of distracted drivers. Our New Braunfels car accident lawyer has over a quarter century of experience in personal injury law. We will provide one-on-one attention to help you pursue the compensation you need and deserve after a distracted driving car accident. Call us today or contact us online for your free case review with an experienced attorney.

What Is Distracted Driving?

The Centers for Disease Control (CDC) defines distracted driving as doing any activity that takes your attention away from driving. According to the CDC, there are three categories of distracted driving:

  • Visual – A visual distraction is anything that takes your eyes off the road in front of you.
  • Manual – A manual distraction is one that takes your hands off the steering wheel.
  • Cognitive – A cognitive distraction is anything that takes your mind off the task of driving.

Some actions involve more than one form of distraction. For example, texting and driving usually involve all three types of distractions. You look down to read or send a message. You use your hands and fingers to hold your phone and text. You also take your mind off of driving while you are thinking about what to say in your text.

The National Safety Council (NSC) reports that 13.3 percent of fatal motor vehicle accidents during a recent year involved cellphone distractions. However, the NSC explains that distracted driving accidents are drastically under-reported. Statistics from the CDC support this finding, which showed that 69 percent of drivers in the United States ages 18 to 64 self-reported that they had talked on their cellphone while driving within 30 days before they were surveyed. These statistics show that distracted driving continues to be a huge problem. If you were injured by a distracted driver, you have the right to seek compensation for the injuries you’ve suffered. We can help.

Types of Driving Distractions

Given its broad definition, there are many types of distracted driving, including: 

  • Texting and driving
  • Cellphone use
  • Social media use
  • Watching videos
  • Checking email
  • Manipulating a navigation system
  • Adjusting the radio or temperature controls
  • Using a two-way communication device
  • Grooming, such as applying making or combing hair
  • Eating or drinking
  • Reading
  • Looking at a map

Distracted driving is dangerous for many reasons. A driver’s reaction time to hazards will be increased, so they might not be able to stop in time to avoid a collision. Drivers may have their hands off the wheel when they suddenly need to swerve. When drivers are mentally distracted, they may not register a possible hazard ahead.

Cellphone Use and Texting While Driving in Texas

According to distracted driving estimates calculated by the NHTSA, texting while driving increases a driver’s crash risk by 23 times.

The problem is just as prominent in Texas as it is nationwide. There were over 560,000 motor vehicle accidents in Texas in one recent year, and nearly 100,000 of them, or 17.4 percent, involved distracted driving, according to the Texas Department of Transportation. These collisions were responsible for the deaths of 378 Texans and more than 2,500 serious injuries.

Researchers from the Texas Transportation Institute found that a driver’s reaction times were doubled when they were reading or sending a text message.

Accidents Caused by Social Media and Driving

As the use of social media continues to grow and expand, so does the number of accidents involving it. Today, newer cars include infotainment systems that allow a person to engage with their social media networks. They are alerted in real-time with messages or updates, all while behind a machine of crushing metal that weighs several tons.

Research from the Institute of Advanced Motorists found that using a smartphone for social networking slows drivers’ reaction times by 37.6 percent. This was greater than the reaction time of drivers who were under the influence of alcohol, which averaged to 12.5 percent.

Distracted Driving Laws and Penalties in Texas

Texas law prohibits texting and driving across the state. Specifically, the law prohibits the driver from doing any of the following activities with their cellphone or other wireless device while the vehicle is in motion:

  • Reading or writing a text or electronic message
  • Sending a text or electronic message
  • Using a handheld device while in a school zone
  • Using a handheld device if under the age of 18 or within the first six months of obtaining a learner’s permit

Violating these rules is considered a primary offense, so a law enforcement officer can stop the driver if they witness any of these activities, even if another traffic offense was not committed.

A first-time offense is punishable by a fine of $25 to $99. A second or subsequent offense is punishable by a fine between $100 and $200.

Additionally, some cities in Texas have enacted stronger laws that make the use of handheld cell phones illegal for anyone other than emergency responders. This is for good reason since a recent report by the AAA Foundation for Traffic Safety found that using a handheld phone resulted in nearly identical distractions as hands-free phones. Additionally, the AAA found that it took up to 27 seconds for a driver to regain their attention after giving voice-to-text commands. Finally, drivers who are talking on a cellphone were involved in more rear-end collisions than intoxicated drivers.

Generally, voice-to-text hands-free technology is permitted throughout our state.

Speak with Our Distracted Driving Accident Lawyers Today

If you or a loved one was injured in a distracted driving car accident, the Burch Law Firm is here for you. Our New Braunfels distracted driving accident attorney has more than 25 years of legal experience protecting the rights of injured victims just like you. We will work tirelessly to help you pursue compensation for the injuries you have suffered.

We offer a free consultation with our New Braunfels car accident lawyer. When you call Burch Law Firm, you talk to an attorney. Call or contact us online today to learn more.