Posted On: January 3, 2010 by Brian Cook

Driving While Texting: A Negligent Act

Driving while typing out text messages on a mobile phone has been called dumb, dangerous and many feel that the practice should be made illegal. The criminal aspect of this dangerous practice notwithstanding any person who causes injury to another’s person or property will almost certainly be found to be the “negligent” party in civil litigation that should arise as a result of texting and driving.

So, as we enter into a new year many states have considered the question: just ban driving while texting, right? Unfortunately, there are powerful interested in play that use their economic might to persuade governments to inaction.
In January, the National Highway Traffic Safety Administration (“NHTSA”) plans to conduct a "summit" on this issue to fully flesh out the real dangers involved. The issue of driving while texting, or “DWT”, will be high on the agenda.

It appears that all of the attention that this topic has been receiving may actually be starting to sway the minds of those in charge at wireless phone companies. The industry's main lobbying arm, “CTIA-The Wireless Association”, for a long while opposed bans on texting under any circumstance. However, in what must be a fortunate reversal of position for proponents of safe driving the association now appears to support bans on texting while driving. This issue will continue to be on the forefront of many state and the nation government until a resolution is found that will maximize safety for all travelers.

For more information about the rights of victims injured or killed in auto accidents where driving while texting ("DWT") may have been involved, please contact Bahe Cook Cantley & Jones, PLC attorney John Bahe directly at (502) 587-2002.