Texting & Driving

Auto accident while texting and driving FAQs

If you are like many drivers, you may not completely understand the dangers and current laws regarding texting while driving. Below, you can learn more about the frequently asked questions.

Is texting while driving illegal?

Cell phone use behind the wheel has paved the way for legislation aimed at ending it. While the data is clear that using a cell phone while you drive significantly increases your rate of an auto accident, many states have responded accordingly. Nevada is among the majority of states that have laws against texting while driving. Speaking with a car accident lawyer can help you tap into your rights if you have been the victim of someone else’s negligent driving. 

Why is texting while driving dangerous? 

Texting while driving is incredibly dangerous because it takes your attention off of the road and directs it onto your cell phone. Oftentimes this is a cell phone that is located in your lap, or on your side, causing you to physically direct your attention away from the road ahead. In addition to this physical redirection of your attention, your mental attention is compromised as it is on your device and not on the road ahead, other motorists, and pedestrians. 

According to The Zebra, texting while driving is six times more likely to cause an auto accident than driving while drunk. Additionally, your attention that is not on the road and is instead directed at your phone delays your reaction time just as much as the delayed reaction time you would experience if you had a blood alcohol concentration of .08%.

Despite this seemingly innocent act, research across the board supports the undeniable dangers that exist when you text while driving. 

Is texting while driving a secondary offense? 

In the state of Nevada, texting while driving is not a moving violation for a first offense. However, for a second or third offense, the state recognizes a ticket because of cell phone usage while driving as a moving violation. Drivers who receive a ticket offense associated with texting while driving can incur a variety of penalties including four points added to their driver’s license history and other fines. 

How to receive text messages while driving

With the advancement of technology comes the advancement of safe usage of that technology. Product developers including those behind Apple and Android devices have a variety of features that can help you stay connected to friends and loved ones hands-free. 

Setting up a device to assist with your specific device can help you get alerts that will automatically read your text messages out loud. Other drivers may prefer to utilize built-in features that silences text messaging entirely until you have reached your destination. Many Smartphones also have built-in functions that disable texting features entirely when your vehicle is in motion.

With today’s current digital landscape, connecting your mobile device to your vehicle is the easiest and arguably the safest way to receive text messages when you are behind the wheel. This connectivity allows you to hear your text messages without diverting your eyes from the road or having to physically touch your phone. 

Even with all these tech advances, the safest way to receive a text message while you are driving is to wait until you have reached your destination. This ensures that your attention stays on the road during the entire duration of your trip. 

How to stop texting while driving

Unfortunately for many people, texting and phone usage in general is a highly addictive behavior that is not easy to stop. Resorting to simple and basic methods can be the best way to stop texting while driving. Some tips that can help you stop texting while driving include the following:

• Utilize a feature on your phone that disables your ability to text while you drive
• Have your passenger do the texting for you
• Leave your phone in the back seat so that it is out of reach
• Check your text messages before you get behind the wheel

Is texting while driving illegal in all states?

An overwhelming majority of states have cracked down on texting while driving and overall cell phone use when you’re behind the wheel. Of course, there are exceptions to this rule. Nevada exempts the following people from texting while driving: 

• Police officers
• Emergency medical personnel (EMTs)
• Firefighters
• Everyday drivers who are reporting on an emergency
• Public utility employees doing their work
• Federal Communications Commission emergency drills

Currently, 48 states including the District of Columbia have laws that make it illegal to text while driving. Missouri and Montana are the only states that do not have some sort of explicit law banning texting and driving.

What are the dangers of texting while driving?

The dangers of texting while driving are very real, and unfortunately in some cases deadly.  According to the National Highway Traffic Safety Administration, distracted driving resulted in 3,522 deaths in 2021. 

The most alarming type of distracted driving is texting while driving. The NHTSA highlights that taking your eyes off of the road for 5 seconds to check or send a text while you’re traveling at 55 mph is the equivalent of driving the length of a football field with your eyes closed. 

Unsurprisingly, teens and young adults are among the biggest culprits when it comes to texting while driving. Researchers highlight that parents also play an important role as they lead by example. No matter your age, texting while driving is a distraction that increases your likelihood of being involved in an auto accident. 

Understanding your rights following an auto accident

If you have been involved in an automobile accident because of someone else’s distracted driving, you have rights and options available to you. If you suspect that the driver who caused the car crash was texting while driving, or using their phone while driving, they can be held personally liable for any additional damages not covered by insurance. 

If you have a loved one who has suffered death because of another driver’s negligence, filing a wrongful death claim can be a viable avenue for seeking the justice your family deserves. A wrongful death claim allows you to hold the driver accountable and much like other personal injury claims like slip and falls, you may be able to hold other third parties who may have played a hand in allowing the auto accident to occur. 

Sources:

National Highway Traffic Safety Administration Distracted Driving. (2023).

The Zebra Texting and Driving Statistics. (2023).