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Abels & Annes, P.C. Personal Injury Blog

Texting While Driving Crash Settlement

Texting while driving has become a major danger on the roads of America. Cell phones are now ubiquitous, and despite laws popping up all over the country banning texting in your vehicle, people have great difficulty ignoring their mobile devices while behind the wheel.

The attorneys at Abels & Annes, P.C. have seen the aftermath of this dangerous practice on many occasions. In fact, a recent settlement was achieved for a client who was injured in a car accident by a driver who was texting while driving.

Texting While Driving Accident:

In this case, due to distraction caused by texting, the defendant failed to notice that traffic had halted for a turning vehicle and thus failed to remain in her lane, swerved across the center line and veered into the highway’s eastbound lane. This led the defendant to strike our client’s vehicle in a head-on collision. The force of the collision was so great that our client hit his head on the inside of his vehicle and hit both knees on the steering wheel.

The Antioch Police Department responded to the scene of the collision and interviewed two independent witnesses who stated that the defendant failed to stop, swerved, drove in the eastbound lane of traffic and caused a collision with our client’s vehicle. The defendant admitted at the scene that she was texting while driving and was distracted. After speaking with both parties, the police determined the defendant was at fault and issued her a citation for improper lane usage.

Following the collision, our client had an immediate onset of neck pain, back pain, and headaches. On examination, he had multiple abrasions to his left arm and left leg as well as paraspinal tenderness in his back and neck. He was diagnosed with a knee contusion following the motor vehicle collision, and was instructed to seek follow-up care.

Due to ongoing and increasing pain, the plaintiff sought follow up medical care with a physician, where he was instructed to begin a conservative course of physical therapy and chiropractic treatment to reduce his pain and discomfort. He ultimately engaged in thirty-four (34) sessions before being discharged.

Due to the preponderance of evidence and the care of our legal team, our client was able to reach a satisfactory settlement to compensate his pain and suffering.

Texting While Driving: Key Facts and Statistics

Texting behind the wheel and other forms of distracted driving are a major issue in the U.S., and the following statistics show just how widespread the problem is:

  • In 2010, 3,092 people were killed in crashes involving a distracted driver and an estimated additional 416,000 were injured in motor vehicle crashes involving a distracted driver.
  • 18% of injury crashes in 2010 were reported as distraction-affected crashes.
  • In the month of June 2011, more than 196 billion text messages were sent or received in the US, up nearly 50% from June 2009.
  • Text messaging creates a crash risk 23 times worse than driving while not distracted.
  • Sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent-at 55 mph-of driving the length of an entire football field, blind.
  • Driving while using a cell phone reduces the amount of brain activity associated with driving by 37%.
  • 71% of teens say they have seen someone their age texting while behind the wheel.

Even if these accident figures don’t faze you, you kind of have to listen to Oprah: “So many issues that we have to deal with seem beyond our control: natural disasters, child predators, traffic jams. Over the years, I’ve done shows on just about all of them. But this is a real problem we can do something about and get immediate results. All we have to do is hang up or switch off. It really is that simple.”

Many people simply will not switch off, despite all the evidence compelling them to do so for everyone’s safety. If you have been the victim of an accident involving someone who was texting while driving, request a Free Case Consultation to speak with a lawyer today.

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