Texas: Man sues police officer and claims he was texting while driving using his "Mobile Data Computer" in his police cruiser.

AUSTIN, Texas - A motorcyclist claims an Austin police officer who was texting while driving ran a stop sign and creamed him, hurting him so badly he needed 12 surgeries. The biker sued the city and two tech companies, for making the police computers without a lockout system to prevent texting while driving.

Louis Olivier says he was driving legally when police Officer Damon Dunn ran a stop sign hit him: "The force of the collision literally knocked Mr. Olivier out of his shoes. He sustained severe and life-altering injuries, requiring 12 surgeries, as a result of the accident."

Olivier claims Officer Dunn hit him because he was using his "Mobile Data Computer," which "disastrously diverted his attention from the roadway."

"Officer Dunn operated an Austin Police Department patrol vehicle equipped with a Mobile Data Computer (Panasonic Toughbook) with software designed, marketed, and sold by defendants TriTech Software Systems and Versaterm U.S. Corp." according to the complaint in Travis County Court "Defendants' software enabled, condoned, and promoted texting while driving."

The complaint adds: "Patrol officers utilizing a mobile data computer while driving remove their eyes from the roadway 4 out of every 6 seconds. During the 2 seconds the patrol officer's eyes are on the roadway, inattention blindness prevents him from processing the size, color, or importance of what he sees. APD Officer Dunn did not see Louis Olivier until he struck him."

And, the complaint states: "Over 100 cities have passed regulations prohibiting texting while driving. In October of 2009, Austin passed an ordinance prohibiting texting while driving, but, without informed and considered deliberations, exempted the Austin Police Department."


Links: http://www.courthousenews.com/2010/12/17/32682.htm
http://www.courthousenews.com/2010/12/17/Texting.pdf