• 46 states have banned texting while driving
• Texas bans texting while driving for minors and school bus drivers
• In 2013, 421 people died on Texas roads as a result of distracted driving
• No science exists to support a ban for drivers under 21, while permitting texting while driving for the rest of the Texas driving public
The 84th Legislature in Texas has again failed to protect the public from the growing danger of distracted driving. Despite the fact that the House passed a texting ban by a vote of 102-40, and despite the fact that the Senate previously voted to approve a bill to ban texting while driving, the 84th Legislature ended its session with a texting ban dying a slow death in the Texas Senate.
In 2011, the 82nd Legislature passed a statewide ban on texting while driving, joining a cascade of state legislative bodies to ban this dangerous activity. But, then-Governor Rick Perry vetoed the legislation, declaring it “reckless and irresponsible.” Mr. Perry, running for President at the time, may have placed his personal aspirations above the interests of Texans. But, such an excuse did not exist in 2013, nor in 2015.
Let’s start with the facts: A texting driver is more impaired than a drunk driver with three times the legal limit. A texting driver is twice as likely to cause an accident as a drunk driver. A texting driver runs more stop signs, changes lanes more abruptly, and brakes more erratically than a drunk driver. A texting driver takes his eyes off the road 4.8 out of every 6 seconds. And, during the 20% of driving time a texting driver actually watches the road, he experiences Inattentional Blindness which severely limits his ability to process the significance of what he sees – for a texting driver, there can be no difference between a tumbleweed and a stray dog.
Over the last decade, texting drivers have cost America over 20,000 lives – more than all the Americans lost on 9/11 and in the Iraq and Afghanistan wars. Texting drivers are 23 times more likely to cause an accident that a non-texting driver. Yet, as drivers, we have willfully blinded ourselves of these dangers. Conveniently convinced of our own science-defying abilities, we wantonly ignore the risks to others in pursuit of our own insatiable thirst to be connected. Indeed, some new cars offer the ability to update your Facebook page – while driving! As Americans and particularly as Western Americans, we are reluctant to restrict our rights. But, driving is not a right; it’s a privilege. The public’s right to be safe from texting drivers far outweighs any driver’s claim to privacy.
In 2013, Watts Guerra LLP represented an elderly gentleman because he was struck by an Austin Police Department officer typing into his in-cab computer while driving. The APD officer ran a stop sign and nearly killed our client, Mr. Olivier. Through numerous life-saving surgeries and despite incurring $900,000 in medical expenses, Mr. Olivier’s primary focus was changing the negligent behavior that caused his injuries.
A police officer is no better equipped to cope with the distraction of texting while driving than any of the rest of us. Along that vein, a driving adult is no better at handling the distraction of texting while driving than a teenager. Texas has a texting ban while driving through school zones. The Legislature has recognized the dangers associated with distracted driving, but our lawmakers have elected to only protect children and parents in school zones, but not the rest of us using the rest of the Texas roadways.
Texas has led the nation in protecting the public from the ills of drunk driving. When will we apply the same dogged attention to protecting the public from texting while driving? We know drunk drivers and texting drivers experience similarly depressed reaction responses. Both drunk drivers and texting drivers suffer from delayed processing and dulled execution. And, distinct from the drunk-driving problem, we know texting drivers are on the rise, presenting an ever-increasing risk of danger to the driving public.
Despite the lack of leadership from the Legislature on this issue, conscientious companies have incorporated bans from texting while driving. Those companies that have not yet addressed this issue are acting unreasonably. Any accident caused by a driver who works for a company without a texting ban is guilty of negligence.
Written by:
Guy Watts II
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
