By now, most of us know that texting and driving is dangerous, and yet, many people admit that they do still send and read messages while they are behind the wheel. These texting drivers get in accidents 23 times more often than drivers who are not looking at their phone. In the course of a year, cell phone use leads to around 1.6 million vehicle collisions and crashes. Texting and driving, therefore, leads to hundreds of thousands of injuries, thousands of deaths, and expensive property damage.
In acknowledgment of the dangers of texting and driving, most states have enacted laws that make this practice illegal. Now a person caught texting and driving might be subject to fines, although the risk of a fine pales in comparison to the threat texting and driving creates for all people on the road.
Mississippi Law
Mississippi is one of the 47 states that have banned texting while driving for all drivers. When the law was first enacted, a driver caught texting would be subject to a $25 fine, but the penalty has since increased to $100. The law also bans the use of social media while driving. If the texting driver is one who only holds a learning permit, temporary driving permit, or an intermediate license, the fines can be $500, and more in the event that an accident occurs as a result of the phone use.
Accidents resulting from texting and driving
Liability in vehicle collisions often revolves around the concept of negligence. In order to be considered negligent, a person must have acted in a way that a reasonably prudent person would not act in the same situation. Given the fact that texting and driving is known to be dangerous, it is safe to say that a person who was looking at their phone and either reading a text or actually writing one while they were driving was not behaving as a reasonably prudent person. The fact that a person was texting at the time of or just before an accident would be a strong indication that they were negligent. However, the texting driver may even be considered “negligent per se,” meaning that they will be presumed negligent for having been texting while driving. Negligence per se occurs when a person breaks a law that is meant to protect people, and a person who was meant to be protected by the law is injured as a result. Laws that ban texting and driving are created to protect everyone on the road from dangerous driving, and resulting collisions or pedestrian accidents. As such, it is safe to say that anyone injured by a texting driver was meant to be protected by this law.
Car accident liability
If you were injured in a car crash and believe the other driver was being negligent, you could be entitled to compensation from that other driver. If you believe the other driver was texting or otherwise distracted by their phone at the time of the collision, then there is a good chance that the other driver was negligent, and should be responsible for paying damages to you for the injuries that they caused you. It is important to speak with an attorney to have the specific facts of your claim evaluated. Contact the seasoned Mississippi Car Accident Attorney at Barrett Law, PLLC now at (601) 790-1505 or visiting us online at www.barrettlawpllc.com.
