Arcola Texting and Driving Accident Lawyer
When drivers allow any form of distraction to get in their way, they put other road users in danger. Texting while driving has been labeled the “most alarming distraction” by the NHTSA as it involves cognitive, manual, and visual distraction. Since drivers have the option of not using their phones while on the road, texting while driving is classified as an act of negligence that is punishable by the law.
If you or a loved one sustained harm or lost property in an accident caused by a driver who was texting while driving, you can seek monetary recovery for your medical bills, loss of wages, pain and suffering, and more. Our Arcola texting and driving accident lawyers are here to help you through the intimidating legal process of filing a damages claim. No matter how complex your case is, we will pursue compensation and damages from all avenues open to you under the law.
Texting While Driving Laws in Texas
The Texas Department of Transportation reports that in every five Texas auto accidents, one involves distracted driving. In 2016 alone, 109,658 Texas road accidents were caused by distracted driving. Together, these accidents led to 455 deaths and over 3,000 injuries. These statistics are alarming and it is understandable that there are laws barring drivers from texting while driving.
According to Texas law, drivers of all ages are prohibited from engaging in electronic messaging when handling a vehicle. This ban covers e-mailing, instant messaging, and texting. In addition, the law prohibits the use of all kinds of wireless communication devices when driving. Motorists with learner’s permits cannot use handheld devices for the first six months. The use of such devices is also banned in crossing zones for schools.
It’s More Than Just Texting!
As phones become more advanced, motorists tend to become more and more distracted while using them on the road. Texting while driving laws do not only apply to texting. They also cover:
- Reading online
- Tweeting, using Facebook, and other social media platforms while driving
- Searching for music
- Watching videos
All these phone actions and general phone use while driving takes the focus of the driver off the road, reducing awareness and increasing reaction times.
Our Approach to Texting When Driving Cases
Every road accident is unique, but accidents, in general, tend to share many similarities. For example, distracted driving accident scenes sometimes do not have skid marks because the distracted motorist typically fails to realize an impending collision and fails to swerve or brake in time to avoid the accident. Additionally, texting motorists have a tendency of drifting out of their lanes and causing sideswipe accidents. Such drivers also often run off roads and overcorrect, hence making them bump into other vehicles in a certain, identifiable way.
On top of the nature of the vehicle damage and accident scene, out attorneys will obtain and analyze evidence for texting while driving accidents from:
- Police accident reports: Even if the police did not issue a ticket, we can obtain their reports to see what the responsible officer jotted in his or her notes. These notes can possibly be used in your favor.
- Eyewitness statements: Bystanders and passengers can be interviewed regarding what happened before and after the accident.
- A record of the driver’s activity: The driver’s phone records can be requested if needed, and this would show their texting activity when the crash occurred. Our lawyers will also seek access to the social media accounts of the driver to show any posts the driver might have made while behind the wheel.
- Footage from surveillance cameras: Private security and public cameras in the vicinity of the accident may have recorded how the accident unfolded. We will seek access to this evidence to see what the responsible motorist was doing right before the accident happened.
How Much Is a Texting While Driving Claim Worth?
The settlement you end up with in a personal injury claim will depend on the type of injuries you sustain, as well as their severity. Serious injuries generally result in higher medical expenses and a change in lifestyle. Additionally, victims of vehicle accidents may not be able to return to work, and this leads to lost wages that Texas laws allow you to claim.
No matter how extensive or complicated your losses are, we have a panel of medical officials, financial evaluators, and other professionals who specialize in determining how much an accident costs victims and will file for the maximum amount of compensation you can claim. As applicable, we will seek compensation for:
- Medical bills
- Lost wages
- Deprived enjoyment of life
- Reduced earning capacity
- Scarring and disfigurement
- Pain and suffering
- Punitive damages
- Wrongful death
Act Fast – Start Your Claim Process with a Free Consultation
With years of experience in the field, we know what works best and what doesn’t in texting and driving accident claim cases. Our team of legal experts will evaluate your case and provide personalized representation that guards your rights and seeks a full and fair settlement for your pain, suffering, and associated losses. Call now at 713-677-2159 for a free, private, and thorough evaluation of your case and to learn about your legal rights and options.
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