Distracted driving is a growing problem in Austin and elsewhere. The use of smartphones to text, tweet, and update social media accounts while driving is, unfortunately, leading to an increased number of accidents. Many people think that texting and driving is no big deal, as they engage in such conduct regularly. The truth, however, is that it only takes one mishap to change someone’s life forever.
If you’ve been injured by a distracted driver, it’s imperative that you contact a motor vehicle crash attorney right away. Distracted driving accidents can cause severe injuries and financial loss. Our Austin distracted driving accident lawyers are ready to help you pursue compensation from negligent parties. We know how to deal with predatory insurance companies and can fight to get you maximum compensation.
Injured in a Crash Due to a Distracted Driver?
State law requires that drivers refrain from operating a vehicle while distracted. A driver violates this obligation when they operate their car by sending a text, sending a tweet, updating Facebook, taking a selfie, or talking on the phone. If such conduct results in an accident, then the victim may recover for their injuries so long as they were not more at fault than the other driver.
In these cases, it may be necessary to obtain the defendant driver’s cell phone records to show which type of distraction they were engaging in at the time of the accident. If a trial is necessary, then such records may be presented to the jury to prove the defendant’s negligence. Retaining an attorney to assist you with this process is crucial.
In a distracted driving case, our team of expert attorneys will immediately obtain the police reports as well as any other available evidence.
If the insurance company is reluctant to reach a settlement or offers an inadequate amount, we will file initiate civil litigation on your behalf and fight for maximum compensation.
We will then use discovery process to gain cell phone records, social media information, and other evidence establishing the type of distraction the defendant driver was engaging in. We will aggressively represent you at trial and take steps to ensure that you are prepared for each step of the process.
We understand that you are facing a serious situation; distracted driving can result in injuries such as paralysis, spinal damage, head injuries, or even wrongful death. Our office will focus on your case so you can focus on getting your life back on track.
Types of Distractions
The causes of distracted driving accidents vary based on the situation. Use of technology, especially hand-held technology, tends to be one of the greatest distractions for drivers. Distractions include, but are not limited to:
Visual Distractions
Visual distractions cause a driver’s eyes to leave the road. Examples include:
- Looking at a phone screen
- Looking at a GPS
- Using the vanity mirror to check one’s appearance
Manual Distractions
These involve a driver’s hands, leaving them unable to control the vehicle fully. Common examples of manual distractions include:
- Texting
- Adjusting the radio
- Eating and drinking
Cognitive Distractions
Some drivers risk accidents by taking their minds off the road. Cognitive distractions may include:
- Daydreaming
- Listening to music too loudly
- Having a conversation with other people in the car
Any activity that causes a driver to look away or concentrate less on safe driving is considered a distraction. An Austin distracted driving attorney could help a plaintiff prove the defendant’s actions caused the accident to help win potential money damages.
Proving Negligence in Distracted Driving Cases
A car crash victim must provide evidence that the defendant breached their duty of care while driving to prove negligence. They must also prove this breach of duty caused the plaintiff’s injuries. If they cannot prove these elements, they could lose the chance to receive monetary damages.
State law requires that drivers refrain from operating a vehicle while distracted. A driver violates this obligation when they operate their car by sending a text, sending a tweet, updating Facebook, taking a selfie, or talking on the phone. If such conduct results in an accident, then the victim may recover for their injuries so long as they were not more at fault than the other driver.
Proving the case requires analyzing each and every detail. For example, it may be necessary to obtain the defendant driver’s cell phone records to show which type of distraction they were engaging in at the time of the accident. If a trial is necessary, then such records may be presented to the jury to prove the defendant’s negligence.
Other facts from the case can be ascertained by looking at police reports, reconstructions, medical records, and much more. Presenting this evidence in court means following the Rules of Evidence and of Civil Procedure. A qualified distracted driving attorney in Austin could present the evidence for the plaintiff to seek monetary recovery.
Compensation in Austin Distracted Driving Lawsuits
There is potential for financial compensation in many distracted driving cases. Once sufficient evidence has been presented, possible money damages that may be awarded to the plaintiff include:
- Past and future medical costs
- Rehabilitation services
- Property damage
- Lost income and earning capacity
- Pain and suffering
- Loss of consortium
- Wrongful death
An Austin attorney can help present the evidence necessary to pursue these types of financial compensation in a distracted driving case.
Let Our Attorneys Help You Get Justice after a Distracted Driving Accident
Filing a Lawsuit in Time
One of the critical requirements of filing a distracted driving lawsuit is to file within the applicable statute of limitations, per the Texas Civil Practice & Remedies Code §16.003. Most cases in Austin must be filed within two years of the date the accident occurred. However, claims against a government entity as a defendant must instead be filed within six months.
There may be exceptions for older claims, but they are very rare. All car wreck victims should quickly contact an attorney to avoid any potential loss of compensation due to an untimely filed claim.
Contact an Austin Distracted Driving Attorney
Distracted driving leads to many accidents every day and has the potential to lead to devastating injuries. You also likely face financial hardship as the result of your injuries and the time you lost at work.
An experienced Austin distracted driving accident lawyer could help you fight for the compensation to which you are entitled. Schedule a consultation today.
Distracted Driving FAQs
What is the definition of distracted driving?
Distracted driving happens when a driver engages in any activity that may cause distraction or takes their focus, eyes, or mental concentration off the task of driving. Common types of distracted driving include texting and driving, eating while driving, driving while intoxicated.
How to prevent distracted driving?
To prevent distracted driving, you need to limit all unnecessary activities in the car. For example, you can turn off your phone or put it in the glove compartment, lower the volume of your radio, and call a cab or car service if you’ve been drinking. If you absolutely need to take care of a non-driving related task while in the car, pull over and park.
How many accidents are caused by distracted driving?
Each year, distracted drivers cause about 2.5 million car accidents. Additionally, the CDC estimates that up to 9 people are killed due to distracted driving accidents every day.
Which is the most dangerous kind of distracted driving?
By sheer volume of accidents alone, texting while driving is the most dangerous kind of distracted driving. Each year texting while driving is the cause of over 330,000 accidents. Texting while driving takes drivers’ eyes off of the road and their hands off the wheel, as well as causing a cognitive distraction.