Like many Americans, there’s a good chance you have your phone close at all times. 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. Unfortunately, there are far too many drivers who ignore safety concerns and traffic laws. These motorists put everyone on the road at risk, increasing the likelihood of serious collisions and devastating injuries. 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 lawyers are prepared to fight for the compensation you deserve after a negligent motorist engages in this type of risky conduct. Our team has decades of experience advocating for victims, and we are ready to help you. To schedule a free consultation of your case with The Law Giant, contact us today at (866) 523-4167.
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:
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:
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) gives municipalities the authority 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 activities can interrupt your focus while driving. Though many are not subject to a statutory prohibition, they are just as dangerous. Examples include:
Both the NHTSA and TXDOT are valuable sources of information on how dangerous it is to text, talk on the phone, or engage in other activities while behind the wheel. According to NHTSA data:
Data compiled by TXDOT is also disturbing, revealing that distractions were a factor in 19 percent of all crashes in the state during 2017. The 100,687 distracted driving collisions that year led to 444 deaths and 2,889 serious injuries.
*The outcome of any individual case depends on factors unique to that case. Past case results listed on this website do not guarantee or predict a similar result in any similar or future case.
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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.
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:
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.