Introduction
Texting and driving is one of the most dangerous driving behavior that individuals participate in. Not only does it lead to many injuries and accidents, but also the death of individuals across the globe. Texting has the potential to divert a person’s attention and can lead to negative consequences. In this piece, the focus will be on how texting while driving affects patients medically, what responsibilities a driver has, and how using medical records can help lawyers develop strong cases for their patients.
Understanding the Dangers of Texting and Driving
The Statistics
• Accident Rates: 23 times more likely to cause an accident by texting while driving. (Statistic)
• Injury Statistics: In the U.S alone, approximately over 390,000 injuries were reported in 2023 considering texting while driving.
Why Texting is Distracting
• Cognitive Distracting: Attempting to text a person on phone will restrict movement and result in poor response to changes on the road.
• Visual Distraction: Using a phone diverts one’s attention from the road, which also leads to failure to see what is in the environment or the road itself.
Legal Responsibilities of Drivers
Duty of Care
• Definition: An individual must adhere to specific guidelines in which safe driving are necessary in avoiding accidents for other people.
Text messages are a breach if a driver breaches their duty of operating a car safely; in this instance, their ‘duty’ ensures that a driver is liable for damages incurred during an accident. Menial or severe crashes: this is the consequence of a breach in duty due to texting while driving.
Negligence & Its Proof
The following points need proof to establish negligence while texting and driving:
- Duty of Care: The individual operating the vehicle has a duty to operate the vehicle responsibly.
- Duty Breach: Here, the driver fails to uphold to text.
- Causation: An accident was caused by the act of texting a person.
- Damages: Brittle injuries or damage need to be proved within a certain threshold to establish a reasonable claim.
Services / Impairment Claims in the Case of Injury
Importance of Medical Records
Recorded information also referred to as medical documents assert:
- Certifying Injury: Medical records are relevant documentation in proving the damage within an accident. Also, they form the basis for the severity of complications of injury.
- Causation Link: It is possible to demonstrate the specific injury’s cause from the surplus of the accident using text and drive.
Performing a Medical Record Review
The process of collecting pertinent health documentation includes,
- Gather all relevant records with the required healthcare records.
- Scan and peruse the offered records actively towards the claims made by such an entity claiming.
- Work with some of the experts of medicine to elucidate outstanding results and explain them, if required.
Case Studies
Case Study 1: Rear-End Collision
Overview of the Case: A driver was rear-ended by another vehicle whose driver was texting.
Challenges: The defendant alleged that the plaintiff shared equal blame due to sudden braking.
Solutions: The plaintiff had compelling medical documents, which indicated his injuries were considerable, and the defendant’s phone records proved he was indeed texting during the accident.
Case Study 2: Intersection Accident
Overview of the Case: A driver ran a red light while texting, colliding with another vehicle.
Challenges: The defendant claimed a traffic signal out of order.
Solutions: Medical documents confirmed less disputed with the amount of injury and the traffic camera videotaped the actions of the defendant.
Conclusion
Texting while driving creates hazards for the driver and everyone else on the road. Comprehending the legal consequences and the need for the review of medical records enables lawyers to defend their clients strongly. Legal practitioners can gather adequate materials to prove negligence and therefore claim payments for victims who suffer because of careless drivers who text.
