Texting While Driving Car Accidents in Parker
While most people know the risks involved in texting while driving, the number of traffic accidents in Texas caused by such behavior has not diminished significantly in recent years. Most states, including Texas, have criminal laws prohibiting sending and receiving texts while behind the wheel. Furthermore, causing an accident while texting subjects a driver to potential civil claims.
Someone injured in a texting while driving car accident in Parker could speak with an informed local attorney about recovering damages for their losses. However, it is important to do this quickly as Texas generally limits the time for filing an action for damages to two years after the accident.
Texas Texting While Driving Laws
Texas Transportation Code § 545.4251 prohibits reading, writing, or sending a text message from a wireless communication device, such as a cell phone, while operating a vehicle. This restriction does not apply if the vehicle is stopped or if the motorist is using a device:
- With a hands-free application
- With a GPS
- For emergency purposes
- To read a message believed to concern an emergency
- Affixed to the vehicle to send messages associated with the user’s job
- To start a music-playing device
If it is discovered that the defendant in a car accident case was texting while driving, they could face litigation in both local civil and criminal courts. While an injured claimant cannot recover damages through a criminal case, a conviction could be valuable evidence in a civil claim for damages.
Recoverable Damages in Texting While Driving Crashes
According to the Texas Department of Transportation, nearly 20 percent of vehicle collisions in Texas were caused by texting while driving. These crashes resulted in catastrophic injuries and death. Even with a law prohibiting texting while driving in the state, the Texas DOT reports little change in driver behavior related to cellphone use.
Those injured in a Parker vehicle wreck that was caused by a driver who was texting can seek legal recourse for a variety of damages. Injured claimants can seek compensation for out-of-pocket expenses such as medical bills, property damage, and lost wages, as well as non-economic losses like pain and suffering. Under Texas Civil Practice and Remedies Code §§71.002 – 71.004, when collision causes a person’s death, the surviving family members can seek legal recourse from the responsible party through a either a survival action or wrongful death claim. A local attorney could discuss which option is applicable in their specific case.
Learn More About Texting While Driving from a Parker Attorney
Contacting a local law firm could prove be highly beneficial to someone injured in a texting while driving car accident in Parker. Texas law protects those who suffer injuries caused by the neglect or disregard of others. Even a claimant who bears some responsibility in an accident could potentially collect damages if the accident was primarily the fault of the defendant.
Do not hesitate to seek legal recourse with the help of an experienced injury attorney. To schedule a free case review, contact our office today.