Can Texting While Driving Lead to a Criminal Conviction?

Jeff Roberts & Associates, PLLC

On February 20th, 2011, a teen driver sent a text and went across the center line, killing the driver of a vehicle that was in the opposite direction. Although an accident, the teen driver committed a reckless act. The teenager was convicted in a Massachusetts court for motor vehicle homicide caused by texting while driving. Under the Massachusetts law, the teen received a maximum sentence.

38 states and the District of Colombia have made text messaging while driving an offense, and penalties vary from state to state to curtail the act. Texting makes the driver loose focus, that may cause them to serve just as in drinking and driving. Driving while sending text messages may lead to an enhanced civil liability, even when the driver is not charged for criminal acts, as it shows the driver acted in a warranted and reckless manner. Invariably these can lead to an enhanced judgment, and punitive damages awarded.

In recent research findings, various mobile phone providers (MSP) are on the verge of offering services that will automatically disable phones if the device’s internal GPS discovers that the phone is in a moving vehicle. Obviously this action may be considered a wise option particularly for worried parents of young drivers. Parents may also be held responsible for their children’s minor actions. If your teenage driver is texting messages while driving, and they cause an accident, you may be held responsible for the damages been caused as well.

If you have been a victim of an accident caused by a driver whom was texting while driving, you may need to seek the advice of a personal injury attorney whom may assist you with your claim. Please call Jeff Roberts & Associates at (615) 205-0904. We would be glad to help.

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