Texting and Driving Accident Lawyer in Bryan-College Station

What is Texting and Driving?

The number of car crashes due to distracted driving and cell phone use has sky rocketed. Texting, cell phone apps, online music and podcasts are all dangerous combinations with driving. Our communities are becoming more congested, with busy highways and roadways. Sadly, more and more drivers have become involved in cell phone-related car accidents. Though most states outlaw the use of cell phones while driving or mandate “hands free only” use of cell phones while behind the wheel, drivers are still texting and driving. We all see it every day. A driver who is distracted by text messaging or checking e-mail can lead to severe injuries and automobile crashes.

Injured in a Texting and Driving Accident? Get the compensation you deserve. Contact our Bryan-College Station lawyers at tel:(855) 524-2976 now.

What Are The Laws Regarding Text & Driving In Texas?

In Texas, the laws regarding texting and driving are stringent to enhance road safety and reduce accidents caused by distracted driving. As of September 1, 2017, Texas law prohibits drivers from reading, writing, or sending electronic messages while operating a motor vehicle. This means that any form of text-based communication, including SMS, emails, and instant messages, is forbidden while driving.

For novice drivers under 18 years of age, the law is even stricter. These drivers are prohibited from using any wireless communication devices while driving, not just for texting but for any purpose. Additionally, school bus drivers are not allowed to use cell phones when children are present, and all drivers are prohibited from using handheld devices while in school zones.

Violating these laws can result in fines ranging up to $99 for first-time offenders and up to $200 for repeat offenses. However, if texting and driving result in an accident causing serious injury or death, more severe penalties could be imposed.

If you’ve been injured in an accident caused by someone texting while driving, it’s crucial to seek legal assistance immediately. Our Bryan-College Station texting and driving accident lawyers have extensive experience handling such cases. We can help you understand your rights, gather necessary evidence, and pursue compensation for your injuries and damages.

Consequences of Texting and Driving

Texting and driving is a dangerous behavior that can have serious consequences. When a driver is distracted by their phone, they are not fully focused on the road, increasing the risk of accidents and injuries. In fact, texting while driving is one of the leading causes of car accidents in the United States.

Some potential consequences of texting and driving include:

• Increased risk of collisions
• Injuries to yourself and others
• Legal consequences such as fines or license suspension
• Financial costs associated with accidents and legal fees
• Guilt and emotional trauma from causing harm to others

It is important to prioritize safety on the road and avoid texting while driving to protect yourself and those around you. If you have been involved in a texting and driving accident, our Bryan-College Station law firm is here to help you navigate the legal process and seek the compensation you deserve.

Common Causes of Distracted Driving Accidents

Distracted driving is any activity that diverts attention from driving. While texting is a major cause of distracted driving accidents, other behaviors also contribute significantly. Here are some common distractions:

• Texting and Cell Phone Use: Texting requires visual, manual, and cognitive attention, making it one of the most dangerous distractions on the road.
• Talking on the Phone: Even hands-free phone calls divert your focus from the road and can slow reaction time.
• Using Navigation Apps: Drivers distracted by GPS apps or looking for directions can easily miss important cues, such as traffic signals or pedestrians.
• Eating and Drinking: Eating while driving takes one hand off the wheel and distracts drivers from watching the road.
• Adjusting Music or Radio: Searching for a favorite song or adjusting the volume can cause a driver to lose focus on their surroundings.

While all these distractions are dangerous, texting stands out due to the extensive attention it demands from the driver.

High-Risk Situations for Texting and Driving

Texting While Driving in Truck Accidents

Texting while driving becomes even more dangerous when large trucks are involved. Due to their size and weight, accidents with trucks can result in more severe damage and injuries. Texting while driving is especially hazardous in the following high-risk situations:

• Heavy Traffic: When traffic is heavy, the risk of collisions with trucks increases, especially at slower speeds. Texting while navigating traffic can impair a truck driver’s ability to react quickly, leading to dangerous situations.
• Inclement Weather: Rain, snow, fog, or icy conditions make roads slippery and reduce visibility. Texting in these conditions makes it much harder for a truck driver to respond to sudden changes or hazards, increasing the chance of a serious accident.
• Night Driving: Reduced visibility and driver fatigue at night pose additional risks. When combined with texting, the risk of accidents is significantly heightened, as truck drivers are less likely to spot hazards in time to prevent a crash.

In all of these high-risk scenarios, texting while driving is particularly dangerous, especially when operating a large vehicle like a truck. If you’ve been involved in an accident with a truck caused by texting or other distractions, seeking legal help is essential to ensure you receive the compensation you deserve.

Proving Fault in Texting and Driving Accidents

To establish fault in a texting and driving accident, certain types of evidence can be crucial:

• Cell Phone Records: If the driver was texting at the time of the crash, phone records or text logs can help prove this.
• Dashcam Footage: Dashcams can provide a clear video of the accident, showing the driver’s actions before and during the collision.
• Witness Testimonies: Witnesses who saw the driver texting or acting distracted can help confirm the cause of the accident.

How Lawyers Can Help

A personal injury lawyer plays a key role in gathering and analyzing evidence:

• Investigating the Accident: A lawyer will thoroughly investigate the circumstances of the crash and gather crucial evidence to prove fault.
• Identifying the Responsible Party: Lawyers help identify the at-fault driver, even if they try to deny texting or other distractions.
• Building a Strong Case: With their expertise, lawyers ensure that all legal aspects are covered, from gathering evidence to filing claims.

Insurance Claims for Texting and Driving Accidents

After an accident, dealing with insurance companies can be complex:

• Navigating Insurance Claims: Victims of texting and driving accidents should report the accident promptly. An attorney can guide you through the process and negotiate with insurance companies to ensure fair compensation.
• Dealing with Uninsured or Underinsured Drivers: If the at-fault driver lacks sufficient insurance, victims may need to file claims through their own insurance or pursue a lawsuit for additional compensation.

Having a lawyer helps protect your rights and ensures you get the compensation you deserve after a texting and driving accident.

Frequently Asked Questions (FAQ)

• What should I do if I’m in an accident caused by texting and driving?
  If you’ve been involved in an accident caused by someone texting and driving, the first step is to ensure everyone’s safety and call for medical help if needed. Make sure to gather contact information from the other driver, any witnesses, and take photos of the scene. Contact a personal injury lawyer as soon as possible to protect your rights and begin gathering evidence for your case.
• Can I sue for damages if the other driver was texting while driving?
  Yes, if the other driver’s texting caused the accident, you can sue for damages. A personal injury lawyer can help you file a claim for medical expenses, lost wages, pain and suffering, and other damages related to the accident. Proving that texting was the cause can significantly strengthen your case.
• How does a lawyer prove that the other driver was texting when the accident occurred?
  Lawyers often use various forms of evidence to prove texting was the cause of the accident. This includes:
  • Cell phone records showing the driver was texting at the time of the crash.
  • Dashcam footage capturing the driver’s behavior leading up to the accident.
  • Witness statements confirming they saw the driver texting or distracted. 
• What are the legal penalties for texting while driving in Texas?
  In Texas, texting while driving is illegal. Violating this law can result in a fine of up to $99 for a first offense and up to $200 for subsequent violations. If texting leads to an accident causing serious injury or death, more severe penalties can be imposed, including criminal charges.
• How can I deal with the insurance company after a texting and driving accident?
  It’s crucial to work with a lawyer when dealing with insurance companies after a texting and driving accident. Insurance companies may try to minimize your compensation or deny the claim altogether. A personal injury lawyer can help negotiate with the insurer and ensure you receive fair compensation for your injuries and damages.
• What if the at-fault driver doesn’t have enough insurance to cover my damages in a motorcycle accident?
  If the at-fault driver is underinsured or uninsured:
  • Uninsured/Underinsured Motorist Coverage: If you have this coverage, it can help pay for your damages.
  • Filing a Lawsuit: You may be able to file a lawsuit to recover additional damages.
  • Other Legal Avenues: Your lawyer may identify other parties that could be liable for the accident.