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Although distracted driving was already a problem decades before smartphones were introduced to U.S. consumers, these mobile devices have significantly increased the risk of distracted driving accidents across the country. According to the Centers for Disease Control and Prevention (CDC), at least 9 people are killed and 1,000 people are injured every single day because of distracted driving – and texting while driving is considered to be a primary factor in these accidents.

If you or your loved ones have suffered injuries because of a preoccupied driver, our Hawaii texting and driving accident attorneys at Davis Levin Livingston can serve as compassionate counsel for your case. We’ve recovered millions of dollars for victims of car accidents, truck crashes, and other motor vehicle collisions over the last four decades, and our award-winning attorneys will stop at nothing to secure fair compensation for your losses.

Call us at (808) 740-0633 to discuss your texting and driving accident case with an experienced and caring attorney.

How Does Texting Affect Drivers?

It is illegal for drivers to text message in all but two of the U.S. states, and the majority treat texting as a “primary enforcement” matter – meaning that police officers can stop and ticket a driver for that reason alone. In 2016, the National Highway Traffic Safety Administration (NHTSA) also worked with the Ad Council to create an extensive advertising campaign that targeted texting and driving, after research showed that around 481,000 drivers use handheld devices like smartphones during daylight hours. Additional research performed by the Ad Council also showed that nine in ten Americans know that sending and reading texts while driving is “very dangerous.”

In spite of these efforts, texting while driving has continued to kill thousands of people every year, and it’s estimated that 14% of all fatal motor vehicle crashes involve smartphone-distracted drivers. Because texting while driving combines all three of the major distraction categories defined by the CDC – cognitive, manual, and visual – this behavior makes it virtually impossible for drivers to react when traffic conditions change.

Is Texting & Driving Always Considered Negligence?

Drivers who choose to ignore their responsibilities and text while driving are not just breaking the law: They may also be civilly liable to pay for your medical expenses, long-term care needs, and other costs after a serious accident. Because texting while driving is both dangerous and illegal, this action will always be viewed as a violation of the driver’s “duty of care.”

In any case, focusing one’s attention on anything other than the road can be a form of negligence which a distracted driver can be held liable for. As a result, distracted driving is not just texting while driving or talking on a hand-held phone while driving. Similarly, it is not something that is only committed by teens and young twenty-year-olds. 

Distracted driving is eating while driving, playing with the radio while driving, or even looking at your passenger while driving if it takes your eyes off the road for more than a split second. It is important to hold distracted drivers liable. Motorists who engage in any activity that takes his or her eyes off the roads puts everyone on the road at risk.

Hawaii is considered a no-fault car accident state, which means there is no need to prove fault to receive insurance benefits. However, your personal injury protection (PIP) plan may not always be enough to account for catastrophic injuries, such as paralysis, amputation, or traumatic brain injury (TBI).

Committed Advocates for Your Claim

When you need to bring legal action against a texting driver, our attorneys at Davis Levin Livingston can help you navigate the process of filing a claim. From negotiating with insurance providers to litigating your personal injury case at trial, we have the skills and resources to demand justice after you’ve sustained serious losses.

Call (808) 740-0633 today to schedule your no-cost case evaluation in Honolulu or any of the Hawaiian islands.

Four Decades of Record Breaking Victories

  • $104,000,000 Child Sex Abuse

    We're proud to have secured a landmark $104 million settlement for victims of abuse against Kamehameha School. This ground-breaking case marks a significant victory for the victims, with the school agreeing to settle.

  • $29,400,000 Medical Malpractice

    Physicians at Tripler Army Medical Center failed to order a crucial test that would have detected a twisted gut in a 1-month-old baby, resulting in the loss of 95% of the baby's small intestine and leading to lifelong disability.

  • $15,400,000 Wrongful Death

    The state has agreed to a $15.4 million settlement in a civil lawsuit filed by the families of two hikers who fell to their deaths on a Kauai hiking trail in 2006.

  • $15,000,000 Vacuum/Forceps Injury

    The hospital improperly attempted to deliver a post-date baby using a traumatic second-stage vacuum extraction. This extraction and the delay in delivery resulted in permanent brain damage to the baby.

  • $9,975,000 Brain Injury

    The hospital's failure to monitor an infant's rising bilirubin levels led to bilirubin encephalopathy and kernicterus, resulting in severe and permanent brain damage. A settlement of $9,975,000 was obtained.

  • $9,500,000 Medical Malpractice

    Surgeons at Tripler Army Medical Center reattached the small intestine backward during gastric bypass surgery, leading to complications that ultimately resulted in the death of a 31-year-old Army wife and mother of three.

Why Davis Levin Livingston?

  • Available by phone 24/7 & ready to help.
  • Secured tens of millions of dollars on behalf of our clients.
  • Highest malpractice judgment in U.S. history against a military hospital.
  • Includes an experienced medical team including a nursing staff to answer your questions.
  • Mark Davis and Mike Livingston have been recognized as some of the best lawyers in Hawaii.
  • Resources available to advance your expenses; no cost or fees unless Davis Levin Livingston wins your case.

Dedicated Legal Counsel You Can Count On

Helping Families throughout hawaii for over 40 years
  • "Professional, KIND, and understanding"
    They are most professional, KIND, and understanding. Thank you Matt Winter for all your help.
    - Clare T.
  • "We wouldn't have chosen any other team!"
    Mathew Winter and the whole staff of Davis Levin Livingston guided us every step of the way and made sure we understood everything that was going on. They were always so welcoming and compassionate. Communication was never a problem and emails were answered super fast, especially when we had so many questions. They
    - Maariel
  • "The absolute best firm in Hawaii. Compassion and professionalism at its best!"
    Truly a wonderful experience with everyone at the firm. I can't thank you enough for helping provide closure for my family and me during this process. The absolute best firm in Hawaii. Compassion and professionalism at its best!
    - Daniel
  • "After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine."
    After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine. What surprised me was their personal touch. In the 3
    - Anthony