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McAllen Family of Cyclist Killed in an Accident File Wrongful Death Claim

The family of an avid cyclist who was killed in an accident earlier this year filed a wrongful death lawsuit with the Hidalgo County Clerk’s Office Tuesday against the driver of the vehicle that fatally struck her.

The goal of the lawsuit, according to the Robles family, is not to recover monetary damages but to seek answers from Molina and raise awareness about the dangers of distracted driving.

Molina has thus far not been charged in the incident, and the family cannot access information from law enforcement, such as investigation reports, due to the case being an open criminal investigation.

John Escamilla, the attorney representing the Robles family, said the only way they can learn about “the hours and minutes leading up to the accident” is by filing a lawsuit, which means Molina will be deposed and compelled to testify.

How Big Is The Problem of Distracted Driving in Texas?

Each day in the United States, approximately 9 people are killed and more than 1,000 injured in crashes that are reported to involve a distracted driver. In 2015, 3,477 people were killed in crashes involving a distracted driver. Anything that takes your attention away from driving can be a distraction. Sending a text message, talking on a cell phone, using a navigation system, and eating while driving are a few examples of distracted driving. Any of these distractions can endanger the driver and others.

Texting while driving is especially dangerous because it combines all three types of distraction.

What Is Being Done To Keep Cyclists and Pedestrians Safe?

Many states are enacting laws—such as banning texting while driving, or using graduated driver licensing systems for teen drivers—to help raise awareness about the dangers of distracted driving and to help prevent it from occurring. However, the effectiveness of cell phone and texting laws on decreasing distracted driving-related crashes requires further study. The Insurance Institute for Highway Safety keeps track of distracted driving laws.

As of June 2017, 14 states and the District of Columbia have banned drivers from hand-held phone use. Texting and driving, specifically, has been banned in 46 states and the District of Columbia.