Texting and driving are among the common contributing factors to traffic crashes in Texas and across the United States. According to statistics from the Texas Department of Transportation (TxDOT), there were over 3,000 traffic crashes statewide involving a distracted driver who was texting, talking, or using their mobile devices while driving. If you were hit by a distracted driver, you may be entitled to pursue fair compensation for your injuries.
As a highly-skilled Texas personal injury attorney, I’m ready to help you hold those responsible for your damages accountable. I can assess every aspect of your personal situation, seek to establish liability, and help you recover fair financial compensation for your injuries and damages.
If you’re ready to speak with an attorney, reach out to me today. My firm—K.E. Bradley Attorney & Counselor at Law—proudly serves clients across Missouri City, Fresno, Sugar Land, Pearland, Friendswood, and Katy, Texas.
The Dangers of Distracted Driving
According to Texas laws, drivers are required to completely focus on the road and exercise due care when driving. Distracted driving comprises any act, behavior, or conduct which diverts the driver’s focus away from the driving task at hand. Common examples of driving distractions include texting, eating, drinking, talking to other passengers, or talking on the phone.
Additionally, driving distractions may be categorized as:
Cognitive Distractions: distractions that turn away a driver’s focus, brainpower, and concentration from the road while driving. A good example of a cognitive distraction is a driver discussing with other passengers while driving.
Manual Distractions: distractions that cause a driver to remove their hands from the steering wheel. Drinking or eating while driving are common examples of manual distractions.
Visual Distractions: distractions that divert the eyes or visual concentration of the driver away from the road. Any action or activity that makes a driver look elsewhere or take their eyes away from the driving task at hand will be regarded as a visual distraction.
Texas’s Distracted Driving Law
Texas laws prohibit motorists from writing, reading, or sending electronic messages while operating a motor vehicle. According to Texas Transportation Code Section 545.4251, an operator commits a crime if he or she uses a portable wireless communication device to write, read, or send an electronic message while driving unless they stopped the car.
Exceptions
Some common exceptions to using a portable wireless communication device while operating a vehicle include the following:
- using it together with a hands-free device
- using its navigation system or global positioning system
- using it to report illegal activity or summon emergency assistance
- using it to provide information about the traffic and road conditions
- using it to read an electronic message that you had reason to believe involved an emergency
- using it to activate a function that plays music
- using it to relay work-related information to a dispatcher, software application, or digital network service
Any motorist who causes a traffic accident while driving distracted, or on their phone may be held liable for injuries and damages suffered by the victim. A knowledgeable Texas car accident attorney can educate you about the next steps to take when hit by a distracted driver and help file your accident claims.
Filing a Claim
Furthermore, Texas is an “at-fault” state for auto accidents. Under the state’s at-fault system, the distracted driver who caused the accident would be held civilly and financially responsible for medical expenses, property damages, and other accident related-losses sustained from the incident.
To recover damages after a distracted driving accident, you can:
- File a first-party claim with your own insurer.
- File a third-party claim with the insurance provider of the at-fault driver.
- File a personal injury lawsuit in civil court against the at-fault driver.
Upon filing your accident claim, you will need to prove fault and establish liability. This requires gathering substantial facts and evidence to show that the traffic accident occurred because the driver was distracted or using their phone.
Proving They Were Distracted
It’s not enough to know that the at-fault driver was distracted. You have to be able to prove it. Here are some strategies to go about demonstrating proof:
- Get the other driver to admit that they were texting and driving.
- Gather and document witness testimonies and statements.
- Obtain images and videos from nearby surveillance cameras.
- Subpoena the phone records of the at-fault driver.
Get Strong & Dependable Legal Representation
Being involved in a distracted driving accident can be emotional and unsettling. Such a traffic crash may affect you physically, mentally, and financially. You don’t have to suffer the financial challenges all on your own. My firm, K.E. Bradley Attorney & Counselor at Law, is dedicated to offering compassionate representation and advocacy to clients in their accident claims.
As your legal counsel, I can evaluate all of the surrounding facts of your case and explore your possible legal options to pursue damages. In addition, I will fight vigorously to protect your legal rights and help you pursue the maximum possible damages for your injuries.
Contact me at K.E. Bradley Attorney & Counselor at Law today to schedule a simple case assessment with a seasoned personal injury lawyer. I can offer you the personalized legal counsel and skilled representation you need in your case. My firm proudly serves clients across Missouri City, Fresno, Sugar Land, Pearland, Friendswood, and Katy, Texas.
