Pearland Texting and Driving Accident Lawyer
According to the Texas Department of Transportation, at least one in five car accidents in Texas is the result of distracted driving such as texting and driving. Such distractions occur when someone’s visual, manual, or cognitive functions are not focused on driving, leading to severe accidents.
Since texting while driving is an act of negligence and disregard for the safety of other road users, people responsible for resultant accidents can be held responsible for the damages that are caused. Our Pearland auto accident team is ready to help you get the justice you deserve for accidents that result from driving distractions such as texting, sending and responding to emails, using social media accounts, reading online, watching videos, or even searching for music.
New Texting and Driving Law in Texas
On June 26, 2017, a bill making texting when driving illegal in Texas was signed. Penalties prescribed by the new law are as follows:
- A $25 to $99 fine for first-time offenders.
- A $100 to $200 fine for repeat offenders.
The new law also states that any accident that results in serious bodily injury or death due to texting when driving is to be treated as, and receive the same punishment as, a Class A misdemeanor. In such situations, the responsible driver is subjected to fines of up to $4,000 and a jail term of up to one year. This law applies to only a motorist who writes, reads or sends a text through their mobile phone when driving.
What Else Counts as Texting While Driving?
Texting while driving is one type of distracted driving. Distractions can also arise from reading emails, using social media, applying makeup, and eating when driving. While some distractions by themselves are not illegal, they may lead to other illegal driving behavior such as running stop lights or reckless driving, among other violations.
Our Lawyers’ Approach to Texting and Driving Claims
Our Pearland, TX texting and driving accident attorneys have years of experience in handling distracted driving cases and other types of common injury claims. Most of these accidents tend to be similar in many ways. For example, distracted driving accident scenes often have no skid marks at all, or have only short skid marks, because distracted drivers usually do not recognize their impending collision and fail to swerve on time or brake. Furthermore, many distracted drivers commonly drift away from their lanes, causing sideswipe accidents. Others run off the highway and overcorrect, making them crash into oncoming vehicles.
On top of gathering evidence from the accident scene and taking note of the type of car damage sustained in the accident, our lawyers collect and analyze other types of evidence, including:
Activity records of the driver – Our lawyers can get a hold of the negligent driver’s phone records to learn whether or not the driver was texting or was on social media at the moment that the accident happened.
Surveillance camera footage.
Who Can Be Held Liable for Texting and Driving Accidents?
Most texting and driving accidents are investigated with the responsible person in mind as the party that will pay all damages. However, as part of our lawyers’ efforts to get you the maximum compensation possible, we also investigate whether other parties contributed to the crash. Such parties may include:
- An employer of the driver – If the person driving the vehicle was under an employment contract at the time of the crash, the employer may be held responsible for the negligence of that driver. This rule generally applies to owners of commercial trucks, delivery vans, and employers of marketing consultants who make day-to-day rounds while working.
- The correspondent – It takes two people to have a conversation on text messages. Under certain situations, the text sender or receiver of a text could be held liable for damages resulting from a texting-related accident.
Our lawyers understand the importance of exploring all available legal options when pursuing financial recovery for clients.
Recovery From Texting and Driving Accidents
The compensation awarded from personal injury claims depends on the types of injuries sustained, as well as their severity. An inability to work and damaged property may also be claimed after a texting and driving accident. Cognitive problems, disfigurement, chronic pain, and emotional trauma are also bases for damage claims. With this in mind, our Pearland, TX texting and driving accident attorneys will help you seek compensation for applicable injuries and damages, including:
- Medical expenses
- Lost wages
- Future inability to earn
- Pain and suffering
- Wrongful death claims
- Loss of consortium
- Loss of service
Our lawyers may also help you file for punitive damages with the aim of punishing the negligent road user and curbing such behavior from occurring in the future. If the texting and driving accident led to the death of a loved one, we can also help you with a wrongful death claim to cover a special set of damages, including burial bills and loss of future income.
Get Started With a Free Consultation
If a negligent driver caused injury or damages to you or a loved one, you can count on our Pearland, TX texting and driving accident attorney team to claim for damages. We will assign a seasoned legal expert to handle your case and will pursue the maximum possible compensation based on all losses suffered so that your life can get back on track. Schedule a free consultation here or call us at 713-677-2179 to discuss your legal options.
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