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Liability Issues Arise in Texting-Related Crash

NYDailyNews.com reports that a driver who caused a devastating 2009 collision may be held liable for the accident that left two individuals severely injured. Our Chicago car accident attorneys learned that the accident in question transpired in September of 2009 when the defendant driver was texting while driving and subsequently struck a couple riding on a motorcycle.

The couple both lost their left legs as a result of the accident. Ultimately, the driver pleaded guilty to three motor vehicle summonses from the accident; including: using a hand-held cell phone while driving, careless driving, and failure to maintain a lane. He was sentenced to $755 in fines and ordered to speak about the dangers of texting while driving at local high schools.

However, our Chicago accident attorneys that as a result of the horrific crash, the couple has launched a public campaign against texting while driving. Additionally, the couple has filed a lawsuit against the driver, as well as, the individual the driver was texting. Court documents assert that the woman the driver was texting knew her teenage friend was driving and continued to text him anyway despite the dangers posed by such practice.

The couple’s lawyer argues that even though the woman was not present in the vehicle at the time of the accident, she was “electronically present.” Additionally, her actions are comparable to an individual who enables someone to drive drunk. However, a Chicago accident attorney at our firm learned that a lawyer for the woman argues that as a text message sender, she maintains the right to assume that her text message would be read at a reasonable and safe time.

Up to date distracted driving statistics provided by the National Highway Traffic Safety Administration further reveal how devastating this epidemic has become. As of 2010, the percentage of drivers who use a cell phone (whether talking or texting) has increased by 0.9 percent. It has been revealed that the level of hand-held cell phone use was higher among female drivers than it was for male drivers, all the while, younger drivers ages 16 to 24 were found to be more likely to use a hand-held cell phone.

Additional statistics provided by the National Highway Traffic Safety Administration show that in 2010 there were approximately 3,092 fatalities as a result of distraction-related accidents – although the number is probably much greater. Moreover, every year, roughly 6,000 deaths and nearly 500,000 injuries are caused by distracted drivers. Our accident attorneys in Chicago continue to encourage drivers to refrain from dangerous distracted behavior while driving in order to ensure that our busy roadways are a safe place to travel.