Distracted driving is one of the most perilous driving behaviors, and is unfortunately all too common. Whether it is eating, drinking, applying makeup, conversing with passengers, or adjusting the radio, these seemingly harmless actions can easily divert a driver’s attention and result in severe accidents.
When you find yourself in a texting while driving car accident in Mankato, you can rely on the expertise of our tenacious car wreck attorneys at Maschka, Riedy, Ries & Frentz. Our diligent legal team is dedicated to ensuring that you receive just compensation for any injuries sustained due to a negligent driver.
Minnesota Statutes § 169.475 prohibits drivers from using a cell phone to send a text or access the internet. The law is relatively broad, prohibiting all similar behavior except for the hands-free use of wireless communication devices. Drivers can use hands-free communication devices like Bluetooth, Apple CarPlay, and Android Auto to operate their cell phones in their cars. They can also tap their phone screen once to dial a number. Multiple taps are prohibited.
To be considered to be “operating a motor vehicle,” someone does not have to be actively driving. If the driver is in a normal path of traffic, obstructing traffic, or otherwise involved in a roadway, then they are operating the motor vehicle. To text without violating the law, the driver must pull off the road and lawfully stop in a place not primarily designated for vehicular traffic. For example, a person can lawfully text in a parking space in a parking lot but not in the moving areas of the parking lot.
While the law seems broad, the punishments are often mild. Unless a driver is involved in an accident, the offense usually has no substantial punishments, just a moderate fine. However, when texting while driving leads to a car accident in Mankato, it can be important evidence of negligence or recklessness.
Most drivers will not admit they were texting while driving at the time of an accident in Mankato. Fortunately, these accidents can be the most accessible type of distracted driving to prove. Cell phones and other electronic communication devices connected to the internet or cell phone networks keep an electronic record of activities on the phone. When a distracted driver causes an accident, the police may take the phone to investigate whether they were texting. The first place an attorney starts is with the police report and any forensic evidence the police uncover during an investigation.
Even if the police do not immediately find evidence of texting, a lawyer could research and develop that evidence. During the discovery process, our experienced attorneys could get access to the other motorist’s cell phone records. These records can help establish whether someone was using a wireless communication device while driving.
Distracted driving can contribute to any type of car accident. Distracted drivers may speed or have problems regulating their speed, drift in and out of their lanes, run red lights or stop signs, rear-end drivers, or stop short. These actions can lead to rear-end collisions, head-on collisions, T-bone collisions, or sideswipes. The type of accident has more of an impact on the potential injuries than the fact the person was texting. Potential injuries include:
Some injuries are mild, requiring little medical intervention and time for healing. Other injuries can be moderate to severe and require expensive medical care, time away from work, and even a lifelong impact on a person’s quality of life and earning capacity. A Mankato attorney could help explain how these injuries relate to damages in a texting while driving accident and advocate for an injured motorist.
Texting while driving is a severe problem that can impact people wherever they are driving. However, you may be entitled to substantial compensation when a reckless driver has caused your injuries.
Our legal team is here to fight for you. Consult an experienced attorney to learn more about texting while driving car accidents in Mankato and to set up an initial consultation.
