Texting While Driving: Is it as Dangerous as Drunk Driving?
Motorcycle Accident Lawyer: The debate regarding texting while driving is just heating up and lawmakers around the country are struggling with how to address this sudden issue. In most states, texting while driving is illegal but punishable by merely a fine, even if they kill or injure another person in the process. There are those who believe that texting while driving is as dangerous as driving drunk, and therefore, should be penalized as such. In most situations, a drunk driver who kills another driver faces fines, loss of license, and significant jail time; they can even be charged with manslaughter.
The State of Utah is one state that believes that texting while driving should be heavily penalized. After a texting crash killed two scientists, Utah passed the nation’s toughest anti-texting law and offenders here can face up to 15 years in prison. This law, which was passed in 2009 does penalize texting drivers the same as they would a drunk driver and they consider texting “negligent behavior”.
Since studies continue to show that talking on the cellphone while driving is the equivalent to driving with a blood alcohol level of 0.08, lawmakers are beginning to crack down on drivers who continue to engage in this risky behavior. However, texting while driving does raise some complicated legal questions, such as how to identify that someone was actually texting while driving. Receiving a text is not a crime and neither is using your hands-free device to use your cellphone, so proving that someone was texting while driving is a bit tricky.
While it may be tricky, proving that someone was “texting while driving” is not impossible though. Just last week, an 18 year old Massachusetts teenager was convicted of vehicular homicide after his texting led to a fatal crash. The prosecution proved that the teenager was distracted by the text messages and that directly led to the horrific accident. He will have to serve at least one year in prison and will lose his license for up to 15 years.
At Russ Brown Motorcycle Attorneys, we understand the issues facing motorcyclists across the country, and we know that drivers who text while driving continue to put motorcyclists at risk. We want to know what you think! Should motorists who text while driving be penalized as harshly as drunk drivers?


I think texting while driving is actually worse than drunk driving. A person who drives after drinking will pay more attention to the road as an attempt to avoid being pulled over. Someone who is texting is paying more attention to their phone than the road. Around 5 years ago in my area a young woman ran down and killed a guy on a bicycle while downloading a ring tone. How sad to think a stupid ring tone is more important than another persons life.
I agree Teresa, I have heard more about motorcyclists being killed by someone on their cell phone then any other, the last few years. I personally know some people who are terrible with texting and driving but they wont stop.
I think phones shouldn’t be used at all.. What happen to the days when there was no cell phones. Less crashes.
Yes Texting while driving is as dangerous as drinking and driving me and my wife were riding our motorcycle going down the Highway when I seen a guy as I was passed him he two small children in the back seat he then drifted in to my wife lane almost taking her out.Not only did he almost kill my wife he was putting his own children in danger. there should be big fines for them who text and drive.
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This is such a good topic to discuss.
Time and time again when I’m on my bike there’s always a texting idiot swerving in my lane.
Both are bad, both kill bikers – both are effecting the safety of motorcyclist.
If you text and drive and kill any person it should be punishable by sometime in prison and you should lose your license for some time. I see folks on the phone all the time whether they are talking or texting, and it is said I have even seen L.E.O.’s doing this.
I think it is at least as bad as drive’n drunk..and SHOULD have the same price to pay if they cause an accident….texting, down loading, facebooking…it’s all the same, and so careless to do it while behind the wheel….they now have some “Smart phones” equiped with VOICE message’n for text, that is hands free, I hear…but I dont think the hands free is good either as u are STILL distracted to a degree.