Distracted driving is a serious problem across the country. In 2011, more than 3,000 Americans were killed in accidents involving a distracted driver — and another 387,000 Americans sustained injuries due to a distracted driver. Unfortunately, there are many activities both small and large that can lead to driver distraction, e.g. eating, drinking, grooming and using navigation systems. Texting is, however, one of the biggest sources of driver distraction.
According to the National Highway Traffic Safety Administration, texting combines a deadly mixture of distractions for a driver. To engage in text messaging, the driver needs visual, cognitive and manual attention. To curtail the danger of texting behind the wheel, the Iowa legislature enacted Iowa Code 321.276. Under this law, one is not permitted to use a hand-held electronic communication device to write, read or send a text message while driving a motor vehicle. A driver may only engage in texting if the vehicle is off the traveled portion of the road and at a complete stop.
When a distracted driver causes an accident, they may be legally liable for damages. The victim should contact Des Moines distracted driving lawyers to determine whether the other driver was engaged in texting at the time of the accident. Even if the other driver doesn’t admit fault, the victim’s attorney can file a personal injury lawsuit and subsequently request phone records. If the other driver deleted the actual text from the phone, the phone company can provide a record of the texting history.
If you’re the victim of a car crash, an experienced attorney can help you hold the negligent, reckless or otherwise wrongful driver accountable. At Hope Law Firm, P.L.C., we’ll help you get the maximum compensation for your injuries.