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(972) 854-7900
Available 24/7
(972) 854-7900
With the rise of cell phone use, vehicle wrecks caused by distraction has also increased. Texting while driving car accidents in Denton are still common, despite the knowledge that this behavior poses 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 hardworking injury attorney in the area.
Across the state of Texas, motorists are prohibited from using their cell phones while driving unless they do so in a handsfree manner. Violation of this law could result in both criminal and civil liability.
Drivers are specifically prohibited from:
However, motorists can use their phones through Bluetooth or other handsfree options that decrease their distraction. It should be noted that even handsfree options can cause a motorist to be inattentive and cause a wreck, so it is often better to avoid cell phone use entirely.
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.
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.
In Denton, 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 decreased proportionately to their percentage of fault, assigned by the court. In some cases, a claimant may be barred from recovery entirely.
Despite the knowledge that texting behind the wheel of a vehicle 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 in Denton and could use this knowledge to help you seek financial compensation. Call today and schedule your initial consultation for free.
McCraw Law Group
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