Texting and driving has become a leading cause of injuring American drivers. According to the Center for Disease Control, in 2013, nearly one in five crashes (18%) in which someone was injured involved distracted driving. This is a serious issue and most states have laws preventing texting while driving. In Oregon ORS 811.507 prohibits drivers from using a mobile communication device while driving. There are exceptions to ORS 811.507, but the bottom line is texting or using a cellular phone device while driving can be a deadly distraction.
In Oregon, a texting driver that injures another in a crash may be charged with the crimes of assault, reckless driving, reckless endangerment and more serious crimes relating to manslaughter if the texting and driving kills someone. Furthermore, most likely the injured person will be forced to file a lawsuit against the at fault driver if the at fault driver’s insurance company refuses to reasonably compensate the injured person. The texting bad driver will likely face a claim for punitive damages which can be a substantial amount of money depending on the facts.
Many texting drivers find themselves being the defendant in a lawsuit because their insurance won’t agree to pay a reasonable settlement. This is a difficult position for the injured person and the bad driver that caused the crash, but the bad driver must be held responsible for texting and driving and the civil process is a way to do so.
If you or someone you know were injured by a driver that was texting and driving call Portland personal injury lawyer Ross Law LLC at 503.224.1658 for your free personal injury case evaluation. Jeremiah Ross is happy to discuss your case with you at no cost and no obligation to you. If you need more information on texting and driving, click this link to go to the Oregon Department of Transportation web-site. Please remember this post is for informational purposes only and is not to be considered legal advice. Please remember to consult with an Oregon attorney about your case.