I’m sure not a day has gone by that you have not seen people on your daily commute texting and driving.  Under the law you should know that “texting” isn’t limited to just that specifically; it also includes other things like Facebook, Twitter, or any one of the hundreds of apps out there that detract attention from the road.  In fact, in New Jersey, it is a violation to even have your cell phone in your hand while driving for any reason (other then to make an emergency phone call).   Despite all the warnings on the dangers of such activity, people still do it.   Here are some of the statistics on texting and driving:

• 5 seconds is the minimal amount of time your attention is diverted from the road while texting—if you’re going 55 mph, that’s the equivalent of driving the length of a football field without looking where you’re going
• Texting and driving slows your brake reaction time by 18 percent
• You are 23 times more likely to get into an accident while texting and driving
• In 2011, at least 25 percent of all auto accidents in the US involved cell phones (that’s over 1.3 million crashes!)
• Texting while driving is now the leading cause of teen deaths in the US (11 deaths a day)
• Using a cell phone while driving delays your reaction time the same as having a blood alcohol concentration at the legal limit of 0.08 percent

With numbers like that, law enforcement is taking a very aggressive approach in changing people’s behavior though strict penalties and enforcement (similar to what occurred when seatbelts become mandatory).   People often think they can text and drive safely, overestimating their ability to multitask—which is a huge mistake because the statistics clearly show another story.  If that isn’t enough to convince you, there are tons of real-life examples which include a landmark case in Massachusetts where a distracted driver was convicted of criminal charges.

Thirty-nine states, and the District of Columbia, have laws prohibiting all drivers from texting—including New Jersey, New York, and Pennsylvania.  If a driver is found to be texting while driving, liability in a personal injury lawsuit becomes significantly more evident.

Moral of the story: if you text and drive stop!  The risk is far greater than your need to answer the message.  Wait to update your status, tweet, text, or email until after you’ve arrived safely at your destination, or pull over safely to the side of the road if it cannot wait.

If you’ve been injured by a driver who was texting and driving, give me a call at The Law Offices of David W. Polsky, phone (973) 686-9787—I can help.