Texas is one of only four states without a statewide ban on using a cell phone while driving. While the legislature dithers, more Texans are killed and maimed.
Driving with a cell phone can be deadly. The Modisette family anticipated a joyous Christmas as they traveled Interstate 35 near Ft. Worth on December 24, 2014. Their joy disintegrated into horror as a driver on his cell phone slammed into the back of the family’s car stopped in traffic, killing 5-year old Moriah Modisette in the backseat. After years of grieving privately, Moriah’s mother Bethany came forward recently in Austin, seeking to end such tragedies.
Grieving Family Members Meet at the Texas State Capitol
Bethany Modisette and other grieving family members from around Texas traveled to the state capitol building in Austin in hopes of convincing lawmakers to push it through. State Representative Tom Craddick, R-Midland and Senator Judith Zaffirini, D-San Antonio, have filed companion bills in each house to ban cell phone use while driving, except by hands free device or in an emergency. This marks the fourth biennial session that Rep. Craddick has filed such a bill, each previous time failing to overcome opposition.
The Fort Worth Star Telegram reports that supporting lawmakers believe this is the year they could finally win.
“This is what drinking and driving was to previous generations,” said state Rep. Eddie Lucio III, D-Brownsville, one of several co-authors of a bill to ban texting while driving, during a press conference on the issue. “I don’t even think or assume when I see someone swerving that it’s alcohol related. I immediately assume it’s because they are distracted, because they are on their phones. “We will finish the fight,” he promised. “We will reach that finish line.”
Garrett Wilhelm, the driver in the Modissette case, has been charged with manslaughter and the Modisette family has filed a lawsuit against Apple for not activating technology they believe could help prevent what happened to them.
Distracted Driver Legislation Long Overdue
Our law firm believes a statewide ban on cell phone use while driving is long overdue. We support Rep. Craddick and Sen. Zaffirini in their efforts.
If you or a loved one were injured as a result of an accident with a distracted driver, you may be owed compensation from the driver and his or her insurance company. The layers of liability and insurance coverage are complex. To ensure full justice and compensation, you need an experienced distracted driver accident attorney.