Impaired driving, speeding, and texting behind the wheel collectively kill tens of thousands of Americans every year. If you’ve suffered injuries in an accident and the other driver was drunk, distracted, or driving too quickly, you shouldn’t take it lying down. Consulting with a reputable car accident lawyer will allow you to learn about your rights and potential entitlements.
Impaired Driving
Drunk driving kills one person every 39 minutes in the United States, according to the National Highway Traffic Safety Administration (NHTSA). The problem is especially potent here in the Lone Star State; according to a study by the Texas Department of Transportation, 37% of the road fatalities in our state from 2012-2021 involved alcohol, drugs, or both.
Driving under the influence of drugs is illegal, just as driving while drunk is. However, the rules for each are slightly different.
While it’s a criminal offense to drive with a blood alcohol concentration (BAC) higher than 0.08%, there is no equivalent minimum for recreational drugs. Instead, it’s up to police officers to judge whether a driver is unable to safely operate their vehicle because of drug use. There is also currently no roadside test in place to test for the presence of drugs in someone’s system, the way a breathalyzer tests for alcohol.
While the legal blood alcohol concentration limit is 0.08% in most states, some analysts believe it should be lower. In its March 2023 safety briefing, the NTSB recommended lowering the legal limit to 0.05% across all American states and territories. The agency estimates that this change would save around 1,700 lives every year in the U.S.
Speeding
According to the NHTSA, there were over 12,000 speeding-related fatalities across the country in 2021.
The agency notes that time shortages are not the only reason people drive too fast. A driver can often develop a “sense of detachment” in their car, forgetting that they’re actively involved in their surroundings. This dissociation can cause people to drive too quickly.
The National Transportation Safety Board (NTSB) regularly makes recommendations to make all forms of transport in the U.S. safer. In November 2023, the agency called for the introduction of “technology to reduce speeding” in all new cars. Intelligent speed assistance technology (ISA) uses both passive and active interventions to try to get drivers to slow down.
Texting
Distracted driving is such a big issue in Texas that the Department of Transportation has launched a specific campaign to deal with it. The annual “Talk. Text. Crash.” scheme aims to highlight the dangers of distracted driving and appeal to drivers to stay focused on the road. The campaign website notes that almost 1 in every 6 crashes on Texas roads in 2022 was caused by a distracted driver.
Though cell phone use is the biggest source of driver distraction, it’s not the only one. Other activities that often take focus away from the road include:
- Eating and drinking
- Grooming (brushing hair, applying makeup, etc.)
- Adjusting the music
- Conversing with other passengers
- Dealing with children in the vehicle.
It can be difficult to prove distraction on the part of another driver. However, if you can show they were on their cell phone at the time of your crash (such as by using dashcam footage, for example), it will greatly strengthen any legal action you choose to file against them.
Tips for Driving Defensively
You can look after your own safety by driving defensively.
If you are on a roadway and a speeding car, truck, or motorcycle approaching from behind, put on your traffic signal and change lanes, or try to find a safe spot to pull over and let the car pass. The same rules apply if you see a driver driving aggressively, or driving while distracted.
Impaired drivers are perhaps the most dangerous of all to share the road with, as it’s impossible to predict how they’ll behave. Driving excessively slowly is a common sign of impairment, as is drifting or swerving in and out of lanes, or slowing down and speeding up intermittently. Other signs include driving without headlights, running stop signs and lights, and stopping for no reason. If you believe a driver is drunk or drug impaired, stay safely away from the vehicle. You should also call 911 and give the operator the license plate number and a vehicle description.
Picking Up the Pieces After a Road Accident
If, in spite of your efforts to drive defensively and avoid dangerous drivers, you fall victim to a crash, we are here to assist you. The attorneys at Terry Bryant Accident & Injury Law are experienced at helping injury victims get the compensation they deserve for their injuries. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000, or contact us through our online form.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
