Articles Posted in Texting While Driving

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New Low For A Distracted Driver in Texas

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A Stephenville woman was arrested Friday after she caused the deaths of two young girls and serious injuries to their mother. Alyssa Litwin, 33, was driving her truck on U.S. Highway 281 southwest of Fort Worth at a speed of approximately 60 mph. But she was texting while driving and didn’t see the SUV in front of her at a complete stop waiting to make a left hand turn. A distracted driver usually doesn’t.

The high-speed crash pushed the SUV into oncoming traffic where it was struck by a truck.

As if her reckless driving were not bad enough, Litwin deleted her text messages. However a forensics exam of her cell phone showed her shocking act of tampering with evidence.

The mother had to be rushed by air ambulance to the ICU at Harris Hospital in Fort Worth. Fortunately, she is in stable condition and two other children in her vehicle were not hurt.

But this is such a heartbreaking story, especially at Christmas time. Please join our office in making a donation to the GoFundMe account that has been set up to assist the family.

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New Law Enacted A Year Ago

We’ve been keeping tabs on the Texas texting ban and hoping it makes people drive more responsibly. But the jury is still out on whether the new law is working. While most people agreed that our state should prohibit texting while driving, the new law was so watered down by the Legislature that it has not been effective. In fact, more Texans are texting and driving – and causing car accidents –  than ever before.

Texas Texting Ban

Texas Department of Public Safety troopers have issued only 1,195 tickets and 4,247 warnings to drivers in the past year according to the Star-Telegram.  As much as we’d like to think that these lower-than-expected numbers correlate to fewer drivers texting on their phones, that is wishful thinking.

After the Texas texting ban came into effect on September 1, 2017 the Texas Department of Transportation partnered with AT&T on the It Can Wait campaign to educate drivers about cellphone use. According to the data collected, 89% of Texans admitted that they still use the smartphone while driving, more than before the law was passed.

This is a very serious problem that sites like the Department of Transportation’s Talk Text Crash will not begin to solve. That site reports there were over 537,000 reported crashes in Texas (often police choose not to write police reports so the number is much higher) just last year. A whopping 100,000 of those were caused by cell phone use and distracted driving.

Don’t think that matters? 444 Texans lost their lives in those car wrecks and almost 3,000 were seriously injured. The numbers for 2018 have not been released yet but it is believed they will be even higher based on year to date figures.

Texas is still the worst state when it comes to fatal crashes involving cell phone use while driving — far more than California which has 12 million more people.

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New Law Not Working

The number of injuries and deaths caused by distracted driving in Texas keeps increasing every year.

It’s the new normal. We take it for granted. But this is a serious mistake we are making.

We at Berenson Injury Law were hopeful when Texas finally became one of the last states to adopt an anti-texting while driving law last year. But unfortunately that hasn’t stopped — or even slowed — this deadly problem on our roads.

The Texas Department of Transportation reported a shocking increase of 20% of distracted driving crashes last year.

Those collisions were responsible for at least 450 of the more than 3,721 people who sadly perished on our roads.

And there’s good reason to believe that this number is far higher, as it is often impossible to know exactly what caused a car crash.

Even before the new state-wide texting while driving law was finally passed, this was such a vital issue to public safety that 100 cities had already enacted statutes to prevent their residents.

It’s also made drivers far less likely to admit they were texting before the accident. They know it’s illegal and no one wants to take the blame for an accident; especially if they are responsible for another person’s serious injuries or death.

There’s also the issue of single driver accidents. A car might run off the road because of a deer . . . or be distracted by an incoming text. If there aren’t any witnesses, it’s often a matter of taking the driver’s word about what happened.

If the accident ends in a fatality, law enforcement officers never know what caused the wreck, so the numbers are artificially lowered and we are not as afraid to text as we blissfully drive on roads at 65 or more miles per hour.

We talk about this alarming topic a lot on our site because this is a problem that needs to stop.

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The eyes of Texas may be upon you but they sure aren’t on the roads.

Several nights ago a man rear-ended a stopped vehicle in Plano, killed its driver, and seriously injured its passenger.

Car wrecks are usually caused by a driver’s negligence. What’s the biggest reason these days? His or her distracted driving.

The driver is probably using his cell phone and may also be eating and drinking, playing with his music controls, talking to passengers, and/or zoned out.

That’s why April is Distracted Driving Month and why we must end this incredibly dangerous practice.

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These helpful apps can lower your chances of being in a car wreck

For the first time in Texas history, texting while driving is illegal. Finally! We were almost the last state to outlaw this incredibly dangerous practice. The new law just started on September 1st and many people still don’t know about it.

Texting and Driving

And the common habit of tweeting or surfing the net at 60 MPH will be hard to break. After all, we are all addicted to our cell phones.

Is there a way to prevent getting a ticket or far worse, causing an auto accident? Yes, fortunately. The Fort Worth Star Telegram just reviewed several new apps that you might find helpful. I discussed some of them here.

1. Do Not Disturb While Driving. On Tuesday Apple unveiled the new iOS 11 software and iPhone 8 which include an exciting Do Not Disturb feature that you can enable when you get into your car — or make your teenager do. The feature blocks text messages and phone calls and sends an automatic reply that the user is driving. The driver can still receive phone calls through a hands-free device. The app eliminates the temptation to take a peek when a ping announces a text message.

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The law couldn’t come soon enough

Texas is about to become the 48th state to outlaw texting while driving. Okay, so at least we weren’t last.

The law takes effect on September 1. But, why wait? Why not just go ahead and put the phone away?

If you need convincing, consider that distracted drivers caused 109,000 accidents and killed 455 people in Texas in 2016. Distracted drivers were responsible for more than 8,200 crashes that killed 23 people in Tarrant County and more than 7,000 accidents that killed 16 people in Dallas County.

It is impossible to look at a phone screen and drive safely at the same time. A driver who does so is just an accident waiting to happen. Some people will text and drive regardless, but many others will stop to avoid a traffic fine and points on their driving record. Continue reading

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Good news: for years teenage traffic fatalities declined in Texas. From 2005 to 2014, the number of teen deaths dropped by 51 percent. Texas’s graduated licensing program, education, and safer cars seemed to be making a positive impact.

Bad news: in 2015 things took a turn for the worse when teen deaths unfortunately spiked by 9 percent. And based on what I’ve seen in my practice as an injury lawyer, I’m not optimistic about the release of the  2016 statistics.

How can we stop this from happening? And what can you do if you crashed into by a teenage driver?

Teens: drunk driving and speeding are nothing to brag about

Last week’s horrific YouTube video of an 18 year-old driving drunk and killing her younger sister and a Snapchat video which recorded a woman partying in the days before she was killed in a drunk driving crash have gone viral.

These videos ended tragically, but others in which drunk and speeding teen drivers miraculously survive continue to pop up on social media and actually be liked by peers and followers. The teens enjoy a few moments of minor fame for their risky escapade, which may be encouraging others to follow suit.

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Texas finally became the 47th state to pass a ban on texting while driving two weeks ago.

But for many of us, stringent restrictions on texting have been in place for years.

102 cities got tired waiting for state lawmakers to get on board with the rest of the country and passed their own cell phone ordinances.

In our DFW area, Arlington, Bedford, Grand Prairie, Hurst, Watauga, White Settlement, and other cities cracked down on negligent drivers. Arlington, for example, did this back in 2011.

That’s because it was obvious that texting while driving caused an obscene number of deaths and personal injuries. It is the number one cause, greater than driving while intoxicated and speeding combined.

In Texas last year, texting caused 455 people to lose their lives and over 3,000 others to be seriously injured — and those are just the cases where the police could get the at-fault driver to admit he or she was texting.

Here in Tarrant County, 22 drivers died and 236 suffered serious injuries. That’s maddening, right? Especially if you’ve been crashed into by someone texting.

Ironically, many Texans may see their local laws weakened now that the state has belatedly tiptoed into this important safety issue.

That’s because Governor Abbott has called a special legislative session in a few weeks. On the agenda is a law that will make the state’s anti-texting law supersede the stronger local laws that these cities and counties have on the books.  Continue reading

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Feature To Disable Phones While Driving

Cell phone use caused at least 391,000 traffic accidents and killed 3,477 people in the U.S. in 2015. But many drivers can’t break their addiction to this dangerous practice. A majority of people admit to texting while driving.

Apparently nothing short of the phone automatically shutting itself off can get texters to stop.

That’s the idea behind a long overdue feature on the newest version of the iPhone to be released this fall.

Your smartphone already detects when it is moving quickly. And there are apps already available that permit you to disable your phone while driving, including Carplay and Driver Mode.

The Apple’s iOS 11 will automatically disable iPhones once the vehicle begins moving. That means you won’t receive calls or text messages or be able to use certain distracting apps while you drive.

Apple had a patent for this technology since 2008 according to a lawsuit filed in federal court in Tyler. It seeks damages on behalf of the estates of two women who were killed and a 7-year-old boy who was rendered a paraplegic when their SUV was rear ended in East Texas in 2013 by a woman who was texting while driving. Other similar lawsuits have been filed across the country.

This new software clearly should have been installed many years ago.

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Hard work, common sense and perseverance have finally paid off. The governor signed a statewide texting while driving bill into law on Tuesday. I am thrilled!

The law was a long time coming. Rep. Tom Craddick tried four times over a decade to pass the anti-texting bill. Frustratingly, the bill failed each time. Once, the bill landed on Governor Perry’s desk, only to be vetoed because it “micromanage[d] adult driving behavior.”

When the bill takes effect on September 1st, Texas will become the 48th state to ban texting while driving — at least we weren’t last. Continue reading

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