Proposed legislation to ban texting-while-driving in Alabama is currently facing its toughest test yet: approval by the Senate. The bill passed the State's House several months ago and enjoyed recent approval by a Senate committee. Yet many anticipate that the proposed law will die in the Senate, leaving the House to decide whether it should be rewritten or taken off the table until the next legislative session.
If the bill fails, it will be a surprise to very few lawmakers. The legislator sponsoring the bill, Rep. Jim McClendon (R-Springville) said the legislation hasn't survived the past five sessions of lawmaking. This is a bit curious because the law would only ban a driver from texting, and would not outlaw talking on a cell phone or even dialing while driving. Further, the penalties for offenders are pretty modest, with a first-time offense only costing the motorist $25.
The dangers of texting while driving are well documented. According to U.S. Department of Transportation's website Distraction.gov, one in five crashes that left at least one person injured involved driver distraction. The DOT reports that 30 states currently have a complete ban on texting while driving.
Alabama currently has a law forbidding 16 and 17-year-old drivers with limited experience from texting or talking on their cell phones while driving. Obviously, those rules only apply to a small fraction of the State's driving population. Meanwhile, neighboring states Georgia and Tennessee have successfully passed laws that ban all drivers from texting while behind the wheel.
Nonetheless, it seems that Alabama legislators are aware of the dangers of distracted driving, as evidenced by the fact that this bill has been proposed for six consecutive sessions now. The political squabbles don't appear to hinge on whether the texting ban is a good idea, there seems to be widespread agreement on that matter; the point of contention is on the practical enforcement of such a ban. As other states have conceded, enforcing such legislation is a serious challenge for police.
Regardless of whether the texting bill becomes law, distracted drivers are still liable for the harm they cause others. Under Alabama law, the at-fault driver may be held accountable for the victim's medical expenses, lost wages, pain and suffering, and other related damages. If you or a loved one has been injured by a distracted driver, contact an experienced Birmingham personal injury attorney to discuss your unique case.
