Australian Texting Driver who Nearly Paralyzes Cyclist: "I just don't care."

Photo of Brian Humphrey

Late last year, Kimberly Davis, 21, hit a bicyclist while driving and texting near Koroit in western Victoria, Australia, causing the cyclist to suffer a spinal fracture that nearly paralyzed him and required a three month hospital stay. While serious injuries due to driving while texting are an all-too-common occurrence, what garnered media attention in this case was Davis's shockingly callous reaction when being interviewed by police two days after the accident:

"I just don't care because I've already been through a lot of bull**** and my car is like pretty expensive and now I have to fix it," Davis complained, according to the Warnambool Standard. "I'm kind of pissed off that the cyclist has hit the side of my car. I don't agree that people texting and driving could hit a cyclist. I wasn't on my phone when I hit the cyclist."

Contrary to Davis's denial, cell phone records showed that Davis used her phone 44 times during her drive, and sent and received 22 text messages to seven different phones. The last text message was received 51 second before she called triple-0 (the Australian 911) to report the collision.

While she reported the collision, she pulled over 300 feet up the road and refused to offer help to the cyclist, who suffered a fractured vertebra which nearly severed his spinal cord, as well as a broken toe and lacerations to his face and body. "The surgeons said nine out of 10 people would be in a wheelchair," the cyclist's wife told reporters.

Davis, who had a provisional driver's license, was charged with 47 counts of dangerous driving, to which she pled guilty. However, many in the community were disappointed in the sentence: Davis was fined $4,500 (about $4,200 US) and her license was suspended for nine months. "I went to court looking for blood and got a nick," the cyclist's wife said. "I can't believe my husband has never been offered an apology-not so much as a text message."

Texting while driving is on the rise, and according to some studies can be even more dangerous than drunk driving. Distracted driving accidents claimed 3,331 lives in the United States in 2011, and the leading form of distracted driving is texting while driving. The NHTSA reports that texting while driving is responsible for approximately 1.6 million accidents in the United States every year-that is about 25% of all driving accidents.

While the case of Kimberly Davis may be an extreme one, it takes a certain amount of callousness for anyone to text while driving given what we know today. Unfortunately, as demonstrated in the leniency of Davis's sentence, victims will largely have to rely on the civil justice system to hold drivers like Davis accountable for endangering the public with this reckless behavior.

If you or someone you know have been injured by a texting driver, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto, and Friend by calling 713-222-7211 or 1-800-870-9584.

No Comments

Leave a comment
Comment Information

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

Get Your Free Case Review 713.587.9668

Let Us Help You Today! Request a Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs', taking a lead role in the plaintiffs' steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs' steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm's client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

Our Record Of Success.

When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record.

More Success Stories