
Modern communications technology offers many advantages for people around the world. Devices like smartphones have helped people to be more connected than ever before, with voice calls, video conferencing, and text messages providing a range of options for communicating from almost anywhere. While most would argue that this advance has been a positive development for society, there are also obvious risks and dangers involved as well. For example, drivers who are distracted while reading or composing texts pose a threat not only to their own safety, but to the safety of others on the road as well. Sadly, far too many people are failing to heed the very real dangers of texting and driving.
A Pervasive Problem
The problem of texting and driving is by no means minor. According to the National Safety Council, this is a serious issue that has dire consequences for the individuals involved and society as a whole. In 2013, an estimated 341,000 vehicular crashes were directly or indirectly caused by text messaging. That’s fully six percent of all crashes for that year, and each and every one of them was entirely preventable.
That number shouldn’t come as a surprise, of course. According to information compiled by the CDC, roughly a third of all American drivers between the ages of eighteen and sixty-four admit that they have either composed or viewed a text message or email on their phones while driving within the past month. That’s roughly double the number of UK drivers who have engaged in the same risky behavior. As a result, some estimates suggest that the odds of a smartphone or other cell phone being a contributing cause in any given vehicular accident are roughly one-in-four.
What makes this situation even more tragic is that drivers seem to understand that this behavior is inherently dangerous. In fact, in an AT&T survey from several years ago, 98% of surveyed drivers admitted that they know that any form of distracted driving is dangerous. Despite that awareness, almost half of surveyed adults admit that they text and drive – a number even higher than the estimates provided by the Centers for Disease Control.
Why it’s Risky
It is critical to understand why this behavior is so dangerous. In truth, efforts to prevent texting and driving can only be successful when more people begin to grasp the actual facts that explain why it is so risky. For example, the National Safety Council’s study on this phenomenon indicates that using a phone in any way while driving can quadruple the risk of an accident occurring. Even seemingly minor use – such as clicking a button or briefly glancing to see who sent you that text – can result in a catastrophe.
According to one study, drivers can only safely take their eyes away from the road for a maximum of 2 seconds without increasing the risk of a crash. That might not seem like a problem until you take into consideration the fact that most drivers who text while behind the wheel of the car end up being distracted for an average of more than four and a half seconds for each text. In other words, the average amount of time that texting drivers end up being distracted is more than twice the maximum safe limit.
Attempts to Curb the Problem
In recent years, efforts to curb this dangerous trend have taken two main paths: education through public awareness programs, and legislative action and police enforcement to deter those who continue to engage in this behavior. As a result of many debates and nationwide campaigns against the scourge of distracted drawing, all fifty states and the District of Columbia now have some form of restrictions in place on text messaging while driving.
There is a legal ban in place on all texting and driving for drivers in 46 U.S. states, the District of Columbia, and several U.S. territories. In addition, 37 states also ban all cell phone use for teen drivers, and 14 states have legislated bans on any use of hand-held phones for all drivers. 2 States merely ban teenage and inexperienced drivers from texting while they are driving, and another 3 states extend that ban to school bus drivers as well.
In Texas, the legislation is complex but contains no general ban on texting for drivers. School bus operators are not allowed to text when they have minors on board, and when they are in school crossing zones. First-year drivers are banned from texting as well. In Corpus Christi, the city has enacted a Hands Free Driving law that was adopted back in October of 2013. Using your cell phone to make a call, send a text, or use an app while driving will cost you up to $500. There are exceptions; you’re allowed to use your phone if you are using it through either a built-in system with your car or with Bluetooth or other wireless systems. You can also use your phone if you are making an emergency call (e.g. 9-1-1, a hospital, or health clinic).
What You Can Do
You may be wondering what you can do to protect yourself against this risk. If you are driving, the answer is simple: leave your cell phone alone at all times. That can be accomplished through a variety of means, including simply turning it off or silencing it. You can also help yourself resist temptation by simply putting it somewhere inaccessible. There are even apps for Android and Apple phones that simply turn off texting capabilities while you are driving.
Of course, if you’re a parent of a teen driver or a passenger in someone else’s car, your worries are much more severe than the need to simply exercise self-control. With your kids, it is important to talk to them about texting and driving – and other forms of distracted driving, for that matter. Set an example for them by remaining steadfast in your own refusal to use your phone while you are behind the wheel of your vehicle. If you’re a passenger, speak up and express your concerns about any driver who is reaching for his or her phone while barreling down the road. Gently but firmly suggest that he or she pull over and stop the vehicle if a call or text must be dealt with immediately.
The fact is that it only takes a mere handful of seconds for disaster to strike any driver. In that time, you and others around you could suffer serious injury or even death due to something as simple as a text message distraction. The good news is that this is a preventable risk for all who recognize the danger it presents.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.

ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.
We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.






