It is indisputable that cell phones, PDAs, and iPods have led to distracted drivers on the road nationwide. There have been many serious accidents caused by drivers who were driving while texting (DWT):
- In San Antonio, a public transit bus driver was sending a text message and crashed his 12-ton vehicle into the back of a stopped SUV.
- The driver of a semi truck revealed he was texting just prior to slamming into a school bus in Florida. One student passenger was killed.
- A Boston trolley conductor admitted he was texting his girlfriend and did not see the red light. His trolley rear-ended another trolley, injuring 49.
- In California, a commuter train engineer sent a text message 22 seconds before the train crashed, 25 people were killed and 135 injured. The train failed to stop at a red signal.
- In Rochester (NY), five teenaged girls were killed in a fiery head-on collision. Local officials said it was due to text messaging.
In the summer of 2008, the Minnesota law banning text messaging went into effect. It is one of the strictest text messaging laws in the country. The law states that:
169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.
Subdivision 1. Definition. For purposes of this section, “electronic message” means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.
Subdivision 2. Prohibition on use. No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.
Subdivision 3. Exceptions. This section does not apply if a wireless communications device is used:
- 1. solely in a voice-activated or other hands-free mode;
- 2. for making a cellular phone call;
- 3. for obtaining emergency assistance to:
- (i) report a traffic accident, medical emergency, or serious traffic hazard, or
- (ii) prevent a crime about to be committed;
- 4. in the reasonable belief that a person’s life or safety is in immediate danger; or
- 5. in an authorized emergency vehicle while in the performance of official duties.
This is a primary offense law, meaning that you can be stopped if you are observed violating the law. The state is not sure how easy enforcement will be. They hope simply by having the law many responsible citizens will refrain from texting while driving. The state is allowing each city to decide on the amount of the fine, up to $300.
Have you been in a car accident where you think the at-fault party was texting? Contact a Minnesota Car Accident Lawyer at 612-362-0000. It is vital to subpoena phone records and interview witnesses. We will aggressively pursue all angles of your case.
In Minnesota, all drivers are required to maintain a minimum level of liability insurance in order to operate a vehicle. Liability coverage is to cover costs if you are responsible for the accident. The minimum amount by law is 30/60. That means the maximum the insurance company will cover will be $30,000 per person with a max of $60,000 per accident / incident.
