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What to Do After a Distracted Driving Accident in Texas

Understanding Distracted Driving in Texas: A Legal Guide

Distracted driving is a serious problem across the United States, and Texas is no exception. With its vast highways and busy urban centers, the Lone Star State sees a significant number of accidents caused by drivers who aren't paying attention. If you've been involved in a car accident in Texas caused by a distracted driver, it's crucial to understand your rights and the legal options available to you. This article, prepared with insights from Texas car accident attorneys, will guide you through the key aspects of these cases.

What Constitutes Distracted Driving in Texas?

Texas law prohibits any activity that diverts a driver's attention from the road. While texting while driving is explicitly banned statewide, distracted driving encompasses a broader range of behaviors. Here’s a breakdown:

  • 📱Texting While Driving: This is illegal statewide in Texas. Sending, reading, or writing text messages while operating a vehicle is a primary offense, meaning a police officer can pull you over solely for this reason.
  • 🍔Eating and Drinking: While not explicitly illegal, doing so can be considered distracted driving if it impairs your ability to drive safely.
  • 💄Grooming: Applying makeup, shaving, or other personal grooming activities behind the wheel are risky behaviors that can lead to accidents.
  • 🗺️Using a GPS or Navigation System: Programming a GPS while driving is dangerous. It's best to set your route before you start your trip or have a passenger assist you.
  • 📻Adjusting the Radio or Music Player: Fiddling with the radio or music player can take your attention off the road, even for a brief moment.
  • 🗣️Talking to Passengers: Engaging in animated conversations with passengers can be distracting, especially if the driver is emotionally invested in the discussion.
  • 👀Looking at Objects or Events Outside the Vehicle: "Rubbernecking" at accidents or other events can take your eyes off the road ahead.

The Dangers of Distracted Driving in Texas: Key Statistics

The statistics surrounding distracted driving in Texas are alarming. These numbers highlight the pervasive nature of the problem and the devastating consequences it can have:

  • 📊Texas DPS Data: The Texas Department of Public Safety (DPS) tracks accidents caused by distracted driving. Year after year, these statistics show a significant number of crashes, injuries, and fatalities attributed to driver inattention.
  • 💔Fatalities: Distracted driving contributes to a substantial percentage of fatal car accidents in Texas. These preventable deaths leave families grieving and communities impacted.
  • 🤕Injuries: Thousands of Texans are injured each year in accidents caused by distracted drivers. These injuries can range from minor to severe, resulting in long-term pain, disability, and financial hardship.
  • 💰Economic Costs: Distracted driving accidents impose significant economic costs on Texas, including medical expenses, lost productivity, and property damage.

Proving Distracted Driving in a Texas Car Accident Case

Establishing that the other driver was distracted is crucial for a successful personal injury claim. Here's how a Texas car accident attorney can help prove negligence:

  • 👮Police Reports: The police report is a vital piece of evidence. It may contain statements from the at-fault driver, witnesses, and the investigating officer's observations. Look for indications that the driver admitted to being distracted or that the officer suspected distraction.
  • 📱Phone Records: With a subpoena, your attorney can obtain the other driver's phone records to determine if they were texting, talking on the phone, or using data around the time of the accident. Texas law has specific requirements for obtaining these records.
  • 🗣️Witness Testimony: Witnesses who saw the accident can provide valuable testimony about the other driver's behavior. Did they see the driver texting, eating, or otherwise not paying attention to the road?
  • 📸Surveillance Footage: Traffic cameras, dashcam footage, and surveillance cameras from nearby businesses may have captured the accident or the driver's actions leading up to it.
  • 💻Social Media: In some cases, a driver's social media activity may provide evidence of distracted driving. For example, a driver who posted a photo or status update shortly before the accident may be considered distracted.
  • 🧾Expert Testimony: Accident reconstruction experts can analyze the evidence and provide opinions on the cause of the accident, including whether distracted driving was a factor.

Your Rights After a Distracted Driving Accident in Texas

If you've been injured in a car accident caused by a distracted driver in Texas, you have the right to seek compensation for your losses. This includes:

  • 🏥Medical Expenses: You can recover compensation for all reasonable and necessary medical expenses related to your injuries, including hospital bills, doctor's visits, physical therapy, and prescription medications.
  • 🦽Future Medical Expenses: If your injuries require ongoing medical treatment, you can also recover compensation for future medical expenses. An expert medical professional will need to assess and testify to your future medical needs.
  • 💸Lost Wages: If you've been unable to work due to your injuries, you can recover compensation for lost wages, including past and future lost earnings.
  • 🤕Pain and Suffering: You can recover compensation for the physical pain and emotional distress you've experienced as a result of your injuries. This can include compensation for anxiety, depression, and loss of enjoyment of life.
  • 🚗Property Damage: You can recover compensation for the damage to your vehicle or other personal property.
  • 💀Wrongful Death: If a loved one was killed in a distracted driving accident, the surviving family members may be able to pursue a wrongful death claim to recover compensation for their losses, including funeral expenses, loss of companionship, and loss of financial support.

Negotiating with Insurance Companies in Texas

Dealing with insurance companies after a car accident can be challenging. Insurance companies are businesses, and their goal is to minimize payouts. Here are some tips for negotiating with insurance companies in Texas:

  • 🗣️Don't Give a Recorded Statement: You are not legally obligated to give a recorded statement to the other driver's insurance company. Consult with an attorney before providing any information.
  • 📝Document Everything: Keep detailed records of all your medical treatment, lost wages, and other expenses.
  • ✉️Communicate in Writing: Whenever possible, communicate with the insurance company in writing to create a clear record of your interactions.
  • 🚫Don't Accept the First Offer: The insurance company's initial offer is often lower than what you are entitled to. Don't be afraid to negotiate.
  • 🧑‍⚖️Know Your Rights: Understand your rights under Texas law. An attorney can help you navigate the legal process and protect your interests.

The Role of a Car Accident Attorney in Texas

Hiring a car accident attorney can significantly improve your chances of recovering fair compensation. Here's how an attorney can help:

  • 🔎Investigating the Accident: An attorney can conduct a thorough investigation of the accident to gather evidence and determine liability.
  • 📑Negotiating with Insurance Companies: An attorney can negotiate with the insurance company on your behalf to maximize your settlement.
  • 🏛️Filing a Lawsuit: If the insurance company is unwilling to offer a fair settlement, an attorney can file a lawsuit and represent you in court.
  • 🧑‍⚖️Providing Legal Advice: An attorney can provide you with sound legal advice and guidance throughout the entire process.
  • ⚖️Protecting Your Rights: An attorney will protect your rights and ensure that you are treated fairly by the insurance company and the legal system.

Texas Laws and Statutes Relevant to Distracted Driving

Several Texas laws and statutes are relevant to distracted driving accidents. Understanding these laws can help you build a stronger case:

  • 🚦Texas Transportation Code Section 545.425: This section prohibits the use of wireless communication devices for texting while driving.
  • 🚧Texas Transportation Code Chapter 706: This chapter outlines the rules of the road and defines negligent driving behavior.
  • 🏛️Texas Civil Practice & Remedies Code: This code governs personal injury lawsuits in Texas, including the rules of evidence and damages.

Practical Advice to Prevent Distracted Driving in Texas

Prevention is key to reducing the number of distracted driving accidents in Texas. Here's some practical advice for drivers:

  • 📵Put Your Phone Away: The best way to avoid texting while driving is to put your phone away entirely. Turn it off, silence notifications, or place it in the trunk.
  • 📍Program Your GPS Before You Go: If you need to use a GPS, program your destination before you start driving. If you need to make changes, pull over to a safe location.
  • 🍽️Eat Before or After Your Trip: Avoid eating or drinking while driving. If you need to eat, pull over to a safe location.
  • 😌Take Breaks: If you're feeling tired or stressed, pull over to a safe location and take a break.
  • 🧒Secure Your Passengers: Make sure all passengers are properly secured with seatbelts.
  • ⚠️Focus on the Road: The most important thing is to focus on the road and your surroundings. Pay attention to other drivers, pedestrians, and cyclists.

Seeking Compensation in Texas: Understanding Modified Comparative Negligence

Texas operates under a "modified comparative negligence" system. This means you can recover damages even if you were partially at fault for the accident, but only if your percentage of fault is 50% or less. If you are found to be 51% or more at fault, you cannot recover any damages.

For example, if you were rear-ended by a distracted driver but were found to be 10% at fault because your brake lights were out, you could still recover 90% of your damages. However, if you were found to be 60% at fault, you would recover nothing.

Statute of Limitations for Texas Car Accident Claims

In Texas, the statute of limitations for filing a personal injury lawsuit related to a car accident is generally two years from the date of the accident. This means you have two years from the date of the crash to file a lawsuit in court. If you fail to file a lawsuit within this time frame, you will likely lose your right to recover compensation.

It's crucial to consult with an attorney as soon as possible after an accident to ensure you meet all deadlines and protect your legal rights.

Specific Texas Cities and Distracted Driving

Certain cities in Texas experience higher rates of distracted driving accidents due to population density and traffic congestion. These include:

  • Houston: As the largest city in Texas, Houston sees a high volume of traffic and a corresponding number of distracted driving incidents.
  • Dallas: Similar to Houston, Dallas's busy roadways contribute to frequent distracted driving accidents.
  • San Antonio: San Antonio's growing population and tourism industry lead to increased traffic and distractions for drivers.
  • Austin: Austin's tech-savvy population and increasing number of residents contribute to a higher likelihood of drivers using mobile devices behind the wheel.

If you live in or travel through these cities, be extra vigilant about avoiding distractions and practicing safe driving habits.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.

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