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What is Distracted Driving? Distracted Driving Statistics Victims’ Rights in Texting and Driving AccidentsOur Distracted Driving Lawyers
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Like many Americans, there’s a good chance you always have your phone close. Still, you’re probably aware of the dangers of texting and driving, and you may be familiar with the ban on cell phone use while behind the wheel of a vehicle in Texas. If you were hurt in an auto collision and texting was a factor, you need a distracted driving car accident lawyer who will aggressively pursue your rights.
At The Law Giant, Personal Injury & Accident Lawyers, our Texas car accident attorneys are prepared to fight for the compensation you deserve. To schedule a free consultation of your case with The Law Giant, contact us today at (956) 982-1800.
What is Distracted Driving?
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is any activity that takes attention away from the driver’s number one priority: safe operation of the vehicle. Distractions fall into three key areas:
- Visual – When you turn your eyes toward an object other than the road and vehicle systems, you’re less likely to be aware of hazards.
- Manual – Acts of distracted driving take your hands off the wheel, which makes it challenging to avoid an accident.
- Cognitive – Your thoughts are sidetracked when your attention is on something other than driving. The lack of focus can considerably slow down your reaction time.
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Phone Use
The definition of distracted driving is most commonly associated with texting. This is one of the riskiest forms of driving while distracted. However, there are other safety threats when a driver:
- Talks on the phone
- Reads or responds to emails
- Checks social media
- Surfs the internet
- Uses a GPS application
Because of these dangers, Texas has joined other states in prohibiting certain usage of electronic communications devices, including phones, tablets, notebooks, and similar technology. Lawmakers enacted legislation in 2017 banning texting or writing emails while driving.
Since phone use is common among younger, more inexperienced drivers, the state has even stricter teen distracted driving laws. Drivers under 18 cannot use an electronic communication device for any reason while behind the wheel.
Additionally, the Texas Department of Transportation (TXDOT) allows municipalities to enact tougher measures for their local area. Brownsville, San Antonio, Laredo, and McAllen all have some form of prohibition on texting while driving.
Other Types of Distracted Driving
Other activities can interrupt your focus while driving. Though many are not subject to a statutory prohibition, they are just as dangerous. Examples include:
- Eating or drinking
- Grooming and applying makeup
- Adjusting the radio
- Interacting with a GPS
- Talking with other passengers
Distracted Driving Statistics
Federal and state crash data tell the same story: taking your eyes, hands, or attention off the road is dangerous. According to the NHTSA and TxDOT:
- In 2016, 3,450 people were killed in crashes involving distracted driving. (NHTSA)
- Roughly 10 percent of teen drivers involved in fatal crashes were distracted at the time. (NHTSA)
- An estimated 481,000 drivers are using a phone behind the wheel at any given moment during daylight hours. (NHTSA)
- Distraction was a factor in 19 percent of all Texas crashes in 2017. (TxDOT)
- Those 100,687 collisions caused 444 deaths and 2,889 serious injuries. (TxDOT)
Victims’ Rights in Texting and Driving Accidents
As the victim of a distracted driving crash, you may suffer devastating injuries that take a physical, emotional, and financial toll on your life. With the help of a distracted driving car accident lawyer, you can seek compensation for these losses under Texas law.
These cases are typically based on negligence, so you must prove that the other motorist breached their legal duty to drive safely. Texting and driving doesn’t automatically establish your rights, but it’s a strong indication that the other driver was negligent in operating the vehicle.
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Compensation in Texting and Driving Cases
If successful in proving negligence, you may be entitled to recover monetary damages for your losses. The details are very case-specific, depending on the nature and severity of your injuries. A distracted driving accident attorney can help you seek such compensation as:
- Economic Damages – This refers to your definable, sometimes out-of-pocket losses. Examples include expenses related to medical care, lost wages, and loss of future earning capacity.
- Non-Economic Damages – Other losses may not be provable by receipts or invoices. In this category, compensation is based upon pain, suffering, emotional distress, and losses associated with your personal relationships.
Limitations on Claims
You should note that there are some legal restrictions on a texting while driving accident claim. To start, the statute of limitations in Texas is two years from the date of the incident. If you don’t file a lawsuit before that time period expires, you are barred from recovering compensation.
Also, Texas follows a rule termed “modified comparative fault.” If your own conduct was a factor in a distracted driving accident, your compensation might be reduced by the percentage of fault linked to your acts. When that percentage reaches 51 percent or more, you cannot recover any compensation for your losses.
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Our personal injury lawyers handle a wide range of accidents and serious injuries across Texas.
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