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Christopher M. Davis
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is a personal injury attorney, legal commentator and author practicing law in Washington State. 206-727-4000

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11/17/2008
Christopher M. Davis
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Washington's New Law Against Text Messaging While Driving (TWD)

Seems like a no-brainer, right?  I mean, how can someone attempt to drive AND text message at the same time?  I have trouble text messaging even when I have no distractions.  I’m still learning about my cell phone – and I’ve had it for 1.5 years!

Yet, Washington State enacted the law which goes into effect in 2008.  The Washington State Patrol plans to "vigorously enforce" the new law.  Texting while driving (or TWD) will be a secondary violation in Washington state, meaning troopers cannot pull over drivers if they see it happening. But if troopers see other driving errors such as weaving or unsafe lane changes, "we will not hesitate to write a second citation under the texting law if that contributed to the first violation," said Washington State Patrol Chief John Batiste, in a Dec. 26 statement.  The state patrol encourages drivers to pull safely off the road if a text message or cell phone call requires their immediate attention.

You would think that most people have the common sense to avoid using a cell phone to text message while operating a motor vehicle.  But just the other day I learned about a serious car accident that occurred near Seattle.  The accident victim was actually an insurance defense attorney who works for Safeco Insurance Company (I actually tried a case against him a few years ago when he was working for Allstate Insurance Company).  He was seriously injured when a young girl operating a mini-van exited the freeway at a speed of 50-60 mph.  She didn’t see the car in front because she was text messaging!  The impact was so violent that the mini-van’s bumper ended up resting on the head rest of the front seat.  The back end of the attorney’s vehicle was completely smashed and pushed in to the front seat compartment.  He is still in a medically-induced coma (and the accident happened 3 weeks ago).  My heart goes out to him and his family and I hope he makes a speedy recovery.

I never thought I would have to say this, but: Don’t Text Message While You Drive!  It’s just plain stupid.



Category: Car Accidents

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