Texting and Driving: The Legal Consequences

Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969
Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
TEXTING AND DRIVING:

TEXTING AND DRIVING: THE LEGAL
CONSEQUENCES
1
It is all too common to see drivers with cell
phones to their ears or looking down into
their laps, most likely texting.

These distracted drivers are a danger
to everyone on the roadways, as well
as, pedestrians near the roadways.
According to some reports, drivers
talking or texting on their phones while
driving are involved in at least 10
percent of fatal car accidents.

If you or someone you know is injured or
killed in a car accident involving a texting
driver, you need to speak to a car accident
attorney to determine your rights.

WHY TEXTING AND DRIVING IS SO
DANGEROUS
2
According to Distraction.gov, the federal
government website dedicated to distracted
driving, reports that when a driver is
texting, their eyes are off the road for, at a
minimum, five seconds.

So much can happen in those five seconds
and oftentimes does.

Consequently, each state has enacted its
own laws, either limiting or prohibiting cell
phone use while on the road.

WHAT IS “DISTRACTED DRIVING?”3
The legal definition of “distracted driving” is
“[any] activity a person engages in that has
the potential to distract him or her from the
primary task of driving.”

There are actually three categories of
activities that result in distracted driving:
visual, manual and cognitive. Visual
distractions occur when you take your eyes
off the road, whereas manual distractions
result when you take your hands off the
wheel. Cognitive distractions are probably the
hardest to avoid. As humans, distractions are
inevitable and cannot be avoided altogether.

But, eating while driving, results in all three
categories of distracted driving; visual,
manual and cognitive.

HOW BIG OF A PROBLEM IS
DISTRACTED DRIVING?
4
According to statistics published by the
federal government, 3,154 people were
killed, and more than 400,000 injured, in
2013 in car accidents involving distracted
drivers.

Twenty-year-olds have the largest
proportion of drivers who are reportedly
distracted, 10% of whom are involved in
fatal crashes with a distracted driver.

RECOVERING FOR ACCIDENTS
INVOLVING DISTRACTED DRIVERS
4
If you have been injured in an accident
caused by a distracted driver, you may be
able to recover damages for those injuries.

If you can prove that the driver was
negligent or distracted at the time the
accident occurred, you will likely have a
good case.

If you noticed that the driver was eating or
engaging in any other distracted driving
behavior, such as texting, talking on the
phone, applying makeup, etc., those
particular details are extremely important,
and should be disclosed to your personal
injury attorney.

CELL PHONE LAWS IN ARKANSAS AND
MISSOURI
5
Many state laws regarding cell phone use
by drivers are based on the age of the
driver.

In Arkansas, drivers age 18-20 are prohibited
from using a hand-held cell phone while
driving. Drivers under age 18 are prohibited
from using any type of cell phone while
driving, even so-called hands-free. All drivers
in Arkansas are banned from texting while
driving. Missouri, on the other hand, only
bans texting by drivers under the age of 21.

LIABILITY ISSUES SURROUNDING
TEXTING AND DRIVING
6
In every situation, drivers have a legal duty
to operate their motor vehicles with care.

They are required to pay attention to the
road, to traffic, and the presence of
pedestrians. They must stay alert to
changing factors, such as speed, lane
changing, and the sudden moves of other
drivers. Texting while driving, as one of the
worst forms of distracted driving, prevents
even the most competent drivers from being
able to fulfill their legal duties on the
roadway.

When a driver is careless or negligent in
texting, or otherwise using your phone
while driving, that driver may be liable for
damages to the injured person.

POTENTIAL DAMAGES YOUR CAR
ACCIDENT ATTORNEY CAN HELP YOU
RECOVER
6
In car accidents involving texting or cell
phone use, the negligent driver can be
ordered to pay damages to compensate the
injured party for their various losses,
including the following:

Medical expenses, ambulance and medical
expenses
Mental anguish and pain and suffering,
emotional distress, loss of consortium

Damage to property, vehicle and body repairs,
loss of personal property damaged or destroyed
in the accident such as a computer, clothing,
other items
Incidental expenses, such as, crutches, nursing
care, rental car fees, over-the-counter
medications

CONTACT US!

If you have questions regarding car
accidents, or any other personal injury
concerns in Arkansas or Missouri, please
contact the Cottrell Law Office for a
consultation, either online or by calling us
as (800) 364-8305.

OR
Click to visit:
www.cottrelllawoffice.com
Call us
(For a Free Consultation)
800-364-8305
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Texting and Driving: The Legal Consequences

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Texting and Driving: The Legal Consequences