As texting and driving accidents in Oklahoma City have increased, state and local laws about this practice have become even stricter.
Distracted driving has been shown to decrease road awareness and increase response times to a given road situation.
Anything that causes us to be distracted could prove to be deadly. This includes eating, looking for something in a purse, putting on makeup, texting. All of these are fine activities to engage in, as long as you are not driving at the time.
Liability in Texting and Driving Accidents in Oklahoma
It has always been a requirement that while driving, the driver is to devote their full time and attention to such driving. (Okla. Stat. tit. 47 § 11-901b)
However, with the advent of cell phones, it became apparent that new legislation would have to be passed. Absent an emergency situation, it is unlawful for a person to drive a motor vehicle while using any hand-held electronic communication device to manually compose, send, or read an electronic text message while the vehicle is in motion. (Okla. Stat. tit. 47 § 11-901d)
If caught, the driver will be fined. More importantly, in texting and driving accidents in Oklahoma, the law makes it much easier to prove negligence in a later tort action by the victim against the driver.
Negligence Per Se
Negligence Per Se is a legal concept that states that a person is presumed to be liable for negligence to a victim if that person violates a law and causes the harm that the law intended to prevent.
The ban against distracted driving is designed to prevent texting and driving accidents in Oklahoma. Therefore, if a person is texting at the time of a car accident in Oklahoma City, and you can prove it, it makes the liability issue much easier to prove.
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