How Distracted Driving by Cell Phone Use Affects a Personal Injury Claim in Texas
Do you know what the biggest factor is when it comes to car accidents? Accidents usually happen because of driver error.
Can you guess what that error is? The answer is distraction because drivers usually try to multitask while driving.
It’s important to recognize the dangers this kind of behavior can lead to. Nine people in the United States are killed everyday in car accidents that are reported to involve a distracted driver. In order to combat this issue, you must understand what distracted driving is and how you’re being distracted.
What is Considered Distracted Driving in Texas?
Distracted driving is any activity that takes your attention away from the road. The three main types of distractions according to the Centers for Disease Control and Prevention (CDC) are:
- Visual – taking eyes off the road
- Manual – taking hands off the wheel
- Cognitive – losing mental focus on driving
Distractions can include anything from using an electronic device to text or talk, eating or drinking, putting on makeup, looking at an object outside the vehicle, programming a navigation system, and even adjusting the radio.
According to Forbes, 3,142 people died due to distracted driving in 2020 where 396 fatalities involved cell phone use. All it takes is one second of having your eyes off the road for an accident to happen. With the prevalence of smartphones being a significant part of our daily lives, it can be tempting to grab your cell phone while driving.
Texas Laws on Cell Phone Use
Cell phone laws vary from city to city, with some cities banning any cell phone use while driving. Texting while driving is illegal in the state of Texas. It is considered an offense if the driver uses a cell phone to read and write a message, or use social media while driving. The only exception is if the vehicle is stopped on the side of the road.
A first offense can result in a fine up to $99. Any subsequent offense will be up to $200. It is also illegal to be texting or talking on a cell phone while driving in school zones.
Those who are under 18 years of age are banned from using a cell phone while driving, including hands-free. Data suggests that young adults and teenagers are more at risk for distracted driving than other age groups.
Drivers may also receive points on their driving record. If a serious accident occurred due to cell phone use, the driver may face charges, be sentenced to jail, and also have their license suspended. A surcharge will be given when a driver has six or more points on their record within three years.
Impact of Distracted Driving on Personal Injury Claims
Distracted driving can strengthen a personal injury claim by establishing fault with the other driver, making them liable for damages. This can include compensation for medical expenses, property damage, pain and suffering, and lost wages.
In Texas, personal injury claims are often based on negligence, meaning when one party’s carelessness causes harm to another. If the driver who caused the accident was distracted by their cell phone, it can be used as evidence to prove negligence.
Evidence of distracted driving from cell phone use can be proven by:
- Phone records
- Witness testimony
- Dashcam or surveillance footage
- A police report – an officer can take note of whether the driver admitted or saw signs of distracted driving.
Phone records are one of the most crucial ways to prove liability of a distracted driving accident. However, the police cannot take your phone without permission. They must go through a legal process to access phone records.
If the police suspect that phone usage caused the crash, a search warrant can be issued to give them access to your phone logs.
How to Prevent Distracted Driving in Texas
The following strategies were provided by the CDC:
- Drivers
- Try not to multitask while driving. Adjust your mirrors before driving off, try not to tap around on CarPlay to select music, and make sure you set your navigation system before leaving.
- Passengers
- Try to reduce distractions for the driver by helping with tasks such as navigation, music selection, etc. If you as a passenger feel uncomfortable with the driver being distracted, speak up and ask the driver to focus on the road.
- Parents
- Know your state’s laws on distracted driving. Talk to your teen about the rules and responsibilities of driving. Emphasize the consequences of distracted driving and share stories or statistics related to distracted teen drivers.
Your safety and well-being is important, so make sure you always wear your seatbelt, drive at a safe speed, and follow the rules of the road.
How Thomas J. Henry Can Help if You Face Charges
Distracted driving due to cell phone use can significantly affect a personal injury claim in Texas. It can establish negligence, help prove liability, and influence the damages awarded. Having a skilled attorney who understands Texas law can help ensure that your rights are protected and that you are adequately compensated for your injuries.
If you or a loved one has been a victim of distracted driving, do not hesitate to reach out to us. In Texas, the statute of limitations for car accident claims is two years from the date of the accident.
At Thomas J. Henry Law, we understand the stress and struggle faced after an unexpected accident or injury. In a time of uncertainty, we provide a sense of stability and prioritize our focus on getting clients’ lives back to normal.
Our personal injury lawyers can be crucial during this difficult time by:
- Investigating the accident to gather evidence of distracted driving.
- Subpoenaing phone records, if necessary.
- Negotiating with the insurance company for a fair settlement.
- Representing you in court if the case goes to trial.
Financial help is also provided for clients we represent such as car rentals and cash advances on qualified cases.
Thomas J. Henry Law operates on a contingency fee basis which means you do not pay our firm any fees unless we win your case.
Our firm has 250+ personal injury attorneys available 24/7 to accommodate your needs. We have offices located in San Antonio, Corpus Christi, Austin, Dallas Fort-Worth, and Houston ready to help you on your claim. Contact us to help you get the relief you need and start on your free case review. Your safety and quality of life are our top priorities.
