Last week’s horrific train crash outside of Los Angeles is a reminder that text messaging and driving do not mix. It appears that the train’s engineer was text messaging shortly before the collision, and he failed to heed a red signal. See our prior post here.
Tonight I saw a report on ABC News that text messaging while driving is tantamount to driving while intoxicated. It is the equivalent of having three shots of booze. In fact, this dangerous practice is known as “DWT” or “driving while texting.” Here is a prior ABC report on DWT.
It is incredibly dangerous to text message while driving. I urge you not to do it and that you should refuse to drive with someone who does.
There is talk about criminalizing text messaging and driving. At this time only a few states have prohibited this, and New York is not one of those states. We urge that you, your family, and friends use common sense rather than wait for a criminal statute.
If you have been injured by a driver who has been distracted while text messaging, you should be able to prove that the driver was negligent, even reckless. However, if you sustain injuries while texting and driving, such conduct may either bar or diminish a recovery for your injuries. Of course, any automobile accident is dependent upon the facts of the case which should be reviewed by an attorney.
If you have been involved in a motor vehicle accident involving text messaging, please feel free to call us at 800-581-1434.
Mark E. Seitelman, 9/17/08, www.seitelman.com.