Indiana car accident lawyer discusses the recent texting ban and the lack of tickets given for texting.
Distracted driving is one of the main causes driver error causing car accidents. Texting is known to distract drivers, and cause car crashes. In July 2011, Indiana instituted a ban on texting while driving. The Claims Journal reported that only a few dozen tickets have been administered by State Troopers. The police blame the lack of tickets on the fact that the texting ban is hard to enforce because it is hard for law enforcement to determine if the driver was sending a text or email communication.
What Does The Law Say
The law does not allow law enforcement to confiscate the phone to determine if the driver was texting or emailing. They have to actually catch the driver in action. Even though states are trying to outlaw texting, the National Highway Traffic Safety Administration has increased by 50% with younger drivers. Some authorities say that texting is the new OWI/DUI. When police officers see a rear end collision without any evidence of breaking, they have an indication that the driver was texting or emailing.
The Effects of Texting In a Personal Injury Case
If the cause of an accident is texting or emailing, this information will usually become available when a lawsuit is filed. During the discovery process we will request cell phone and text message records from the other driver's phone company. This will provide us with information as to phone use around the time of the incident. If the other driver was texting or emailing, liability for the accident will be proven.
If you have any questions about a motor vehicle accident, you can call Guy DiMartino Law at 219.690.8997.