LOL, there is nothing funny about texting and driving.
If a motor vehicle accident is caused by the other driver’s inattention while texting, that driver will be found negligent. It is worst than being distracted while on a cell phone call.
We believe that courts and juries will find texting indefensible.
If there has been any indication that the driver has been texting, then an early investigation is essential. Such includes witness statements.
In a pedestrian accident where the driver was on her cell phone we had an investigator get a statement from a witness. This sealed the case.
If you have been involved in a motor vehicle accident, please call me at 800-581-1434 or write to letters@seitelman.com.
Mark E. Seitelman, July 27, 2009, www.seitelman.com.