Texting While Driving Car Accidents

Gloria Campos, John McCraw, and Charlie Ginn standing side-by-side

With the rise of cell phone use, vehicle wrecks caused by distraction have also increased. Texting while driving car accidents are still common, despite the knowledge that this behavior poses an extreme risk of harm.

Fortunately, state law allows people injured by distracted motorists the right to seek legal restitution for their physical, mental, and financial losses. If you were hurt by a driver who was distracted by their cell phone, do not hesitate to seek legal representation from a car accident attorney in Denton in the area.

Cell Phone Laws

Across Texas, motorists are prohibited from using their cell phones while driving unless they use them hands-free. Violation of this law could result in both criminal and civil liability. Drivers are specifically prohibited from:

Making calls if it requires the driver to hold the phone (this includes using the phone speaker)
Scrolling through social media
Texting
Surfing the web
Watching videos

However, motorists can use their phones via Bluetooth or other hands-free options to reduce distractions. It should be noted that even hands-free options can make a motorist inattentive and cause a wreck, so it is often better to avoid cell phone use entirely.

How Could an Attorney Prove a Defendant was Texting While Driving?

The use of a cellphone by a defendant can impact the case in a number of ways. It depends upon how and when the cellphone was really being used. Cell phone use can lead to poor and distracted driving. Proof that the defendant was driving could further establish the defendant is liable for the claimant’s resulting damages.

Evidence of Cellphone Use

In order to prove the defendant driver was texting or using their cell phone at the time of the collision, a local attorney could subpoena the defendant’s cell phone records. This could provide strong proof of whether or not the defendant was distracted at the time of the wreck. Another option is to obtain the cellphone bill as that sometimes lists when the phone was in use.

In especially catastrophic cases, such as those that result in paralysis or death, a lawyer may file a lawsuit immediately and get a temporary restraining order to prevent the defendant driver from deleting content from their cellphone or changing their cellular device entirely. An attorney could also ask the court to seize the phone and request for production.

However, the attorney must ask for very specific production that is not too broad. A lawyer could also investigate video surveillance and photos from the scene that may show the defendant on their cell phone prior to the accident. Witness testimony could also be used as evidence of cell phone use.

How Could a Claimant’s Texting Impact Their Recovery?

If a claimant was using their cell phone at the time of a wreck, it could potentially impact their overall recovery. However, this greatly depends on the circumstances of their cell phone use. For instance, if a claimant was stopped at a red light while using their cell phone, they would likely not be found liable if another driver who was texting rear-ended them. On the other hand, if the claimant was driving while on their cell phone and therefore inattentive to another reckless driver, a court could hold them partially responsible for the accident. This could result in their damage award being reduced proportionately to their assigned percentage of fault by the court. In some cases, a claimant may be barred from recovery entirely.

Reach Out to an Attorney to Discuss Texting While Driving Accidents

Despite knowing that texting while driving is dangerous, motorists continue to engage in this negligent act. Cell phone distraction could cause a motorist to strike another vehicle, a bicyclist, or a pedestrian. Fortunately, our team has experience handling texting-while-driving accidents and can use this knowledge to help you seek financial compensation. Call today and schedule your initial consultation for free.