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DWT (Driving While Texting) – Death by Data

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As a plaintiff’s attorney who represents those injured by automobiles, I have learned of a new constant other than death and taxes – data flow. The “smart phones” as they call them, that now proliferate the market, are in a practically perpetual state of transmission and reception.

They are data driven allowing the user to access the world through their voice, the World Wide Web or through the infamous texting. What is not so smart about these smartphones is often the user who basks in the power of modern day communication while simultaneously attempting to navigate their six feet wide 4000-pound death machine down 9-foot wide curving corridor often called a road.

Further, despite popular belief, it is not actually humanly possible to drive “with one eye on the road” and the other on your data device. The result is that when one is simply looking at a data device while driving, there are no eyes on the road which is the legal equivalent of driving with both eyes closed – or while blind. That is a crime called reckless driving and if someone dies, vehicular homicide, and no matter the crime, it is still called negligence.

Considering the fact that it takes 75 feet between the reaction time and the braking distance to stop a car only going 30 miles per hour to stop

Considering the fact that it takes 75 feet between the reaction time and the braking distance to stop a car only going 30 miles per hour to stop, every precious second of attention time counts. That would also probably explain the 11,000 deaths per year someone reported due to driving while texting.

That is a crime called reckless driving and if someone dies, vehicular homicide, and no matter the crime, it is still called negligence. Considering the fact that it takes 75 feet between the reaction time and the braking distance to stop a car only going 30 miles per hour to stop, every precious second of attention time counts. That would also probably explain the 11,000 deaths per year someone reported due to driving while texting.

One last scary thought: It just takes one subpoena (10 cents for the copy and $35 for the service) for a plaintiff’s attorney to get the precise amount of constantly streaming data flowing through a cellular telephone

One last scary thought: It just takes one subpoena (10 cents for the copy and $35 for the service) for a plaintiff’s attorney to get the precise amount of constantly streaming data flowing through a cellular telephone, or the text messages being sent or received, at the time of an accident. From there it is extremely simple for any plaintiff’s attorney to make an argument that the driver was at fault due to allowing him or herself to be distracted while driving.

Moral of this rant – don’t be my next defendant

  • Don’t text and drive
  • Don’t dial and drive
  • Don’t surf and drive
Jordan ShawDWT (Driving While Texting) – Death by Data

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