The number of distracted driving accidents in Kansas City has been on the rise and has reached almost epidemic proportions.  A study by the Virginia Tech Transportation Institute concluded that distracted drivers are 23 times more likely to be involved in car accidents or near accidents than undistracted drivers.  Although thousands of people are injured or killed in distracted driving accidents annually, studies have shown that driving while texting is even more dangerous than driving while talking on a cell phone due to the five seconds a driver averages with his or her eyes diverted from the road.

Texting is also the most dangerous of driver distractions because it encompasses all 3 types of distraction.

• Visual – Taking your eyes off the road.
• Manual – Taking your hands off the steering wheel.
• Cognitive – Taking your mind off what you’re doing.

Action was taken in January of 2009 when the National Safety Council urged state and federal lawmakers to ban the use of cell phones and other text-messaging devices while driving.  Thirty states including the District of Columbia have since taken action and banned the practice of texting while driving.  Studies linking serious auto accidents to text messaging have led to lobbying for a federal ban on texting while driving.  When Americans were surveyed and asked if they would support a federal ban, nine out of ten adults indicated that texting was “dangerous and distracting” and would vote in favor of a federal ban.

What does this all mean to the everyday driver on the road? The laws against driving and texting are changing because of the significant risk of fatal auto accidents.  A driver who is engaged in texting while driving and injures another vehicle occupant or pedestrian in an auto accident may be liable for the victim’s injuries.  Many states like Kansas and Missouri are taking a hard line when it comes to prosecuting those who text while driving.  If a driver in Utah is involved in an auto accident while texting and causes injury or death, the driver will face up to 15 years in prison and a $10,000 fine.  Not only will the person face criminal liability but the criminal violation can be the basis for imposing liability under a doctrine of “negligence per se.”  The application of the doctrine means that a violation of a safety statute, which is designed to protect others on roadways, is an independent basis for a finding of negligence if it causes injury to another person on the road.

It is unclear at this point how effective criminal penalties and fines will be in preventing auto accidents caused by texting drivers.  Unlike drunk driving, there is no test to prove that someone was texting and driving so some states have had a difficult time prosecuting offenders.  Many times officers cannot tell if a person is texting while driving and a minimal risk of being caught may make anti-texting laws a weak deterrent.  In some of these cases, the judge has prosecuted the offender for reckless driving instead.  Drivers who cause accidents while texting also have been prosecuted for vehicular manslaughter for fatal auto accidents.  A driver who causes a fatal accident typically will also be subject to civil liability for wrongful death by the victim’s family.

In the states of Kansas and Missouri, police officers can pull drivers over for writing or sending texts even if they are not breaking any other laws as this constitutes distracted driving.

It is important to understand your rights and the basis for liability if you are involved in a serious auto accident with a distracted driver who is texting.  Texting drivers create an unreasonable risk of harm to other motorists and pedestrians with whom they share the road.  This dangerous driving practice can result in serious injuries that cause permanent disability and life-changing injuries.  An experienced Kansas City car accident lawyer will ensure that you or your loved one is treated fairly by the insurance company.

If you suffer serious injury or a loved one suffers a serious injury or wrongful death in a Kansas City auto accident with a distracted driver who is texting while driving, Call (816) 472-HOPE (4673) or Contact us by email today to schedule an appointment.

From our offices in Kansas City, a Kansas City car accident attorney from our law firm is available to serve clients throughout the Kansas City region, including St. Joseph, Independence, Lees Summit, Columbia, Warrensburg, Overland Park, Olathe, Atchison, Lawrence, Topeka, and many more Kansas and Missouri communities.