Our state is one of a few states that has a law which goes beyond just prohibiting texting and driving. In addition to forbidding instant messaging, checking email and searching online, the law of this state also prohibits drivers even from making conventional phone calls with a handheld device like a smartphone. However, even under the threat of fines, many drivers in this state still cannot resist the occasional phone call or quick check of a text message, even though they are driving. According to one report, Californians typically spend between 16 and 18 percent of their total driving time on their phones.
This means that an average driver is spending about 11 or so minutes per hour multitasking by trying to both drive and use a phone. Of course, multitasking, particularly when it involves taking one’s eyes off the road and hands off the wheel, is never a good idea and can lead to very serious car accidents.
While certainly fines help, judging by the statistics, they are simply not enough to stop all instances of distracted driving. There are a number of things that people can do to prevent texting and driving and the like, but perhaps, one of the best ways of sending a message is to hold a distracted driver fully accountable should he cause an accident.
In order to do so, a victim will need to file a personal injury cause of action alleging that the driver responsible for the accident was negligent. As part of that case, the victim may ask for reimbursement for medical bills and lost wages, as well as for non-economic damages like pain and suffering.