Crashes caused by texting and driving are completely avoidable and contribute substantially to Texas having the second-most traffic fatalities in the nation. In just seconds, a driver who looks at a screen instead of the road can change another person’s life forever.
At Turner-Monahan, PLLC, we represent individuals and families whose lives have been rocked by distracted drivers. If you have been hurt because another driver chose to text instead of focusing on the road, it is important to understand both how dangerous this conduct is and what it may mean for your personal injury claim.
Why Texting and Driving Is So Dangerous
Sending a quick text sounds like something minor. However, this seemingly simple act actually presents a driver with three different kinds of distraction at once:
- Visual distraction – the driver’s eyes are on the phone, not the road.
- Manual distraction – at least one of the driver’s hands is on the phone, not the steering wheel.
- Cognitive distraction – the driver is focused on the text thread, not potential approaching hazards.
The impact of these distractions is multiplied as a result of the speeds at which cars and trucks travel. For instance, a car traveling at 55 mph covers over 300 feet in just four seconds. At such a speed, glancing down for “just for a moment” can easily result in the driver not seeing:
- A child crossing the street;
- Traffic stacking up ahead;
- A stop sign at an intersection; or
- A stalled vehicle in the roadway.
According to the Texas Department of Transportation, distracted driving, including texting and driving, remains a leading cause of crashes statewide. Unfortunately, it is not just texting that can cause crashes. Further, other activities like viewing social media or videos on a cellular device while driving also regularly contribute to wrecks in Texas. These are not unavoidable accidents—these are crashes caused by conscious choices.
Texas Law on Texting While Driving
Because of the danger it present, Texas law makes texting while driving illegal. Under Texas Transportation Code § 545.4251, a driver generally may not use a wireless communication device to read, write, or send an electronic message while operating a motor vehicle, unless the vehicle is stopped or a narrow exception applies. While a citation from law enforcement for texting while driving is serious, a crash caused by texting and driving can have legal and emotional consequences that are far more severe.
How Texting Impacts Liability
In most claims arising from a wreck, the key questions are:
- Who was negligent?
- How did that negligence cause your injuries?
The other driver texting while driving is powerful evidence of his negligence because it helps show that:
- the driver was not paying proper attention to the road, and
- the driver was violating the law.
Evidence that the other driver was texting can support claims that he:
- Failed to keep a proper lookout;
- Failed to properly control his speed;
- Failed to maintain a safe distance from other vehicles or hazards; or
- Failed to notice and comply with a traffic control device.
Each of the above failures by a driver provides a basis for a jury to find him liable for causing a crash.
Proving That a Driver Was Texting
Often a negligent driver will not admit that he was texting immediately before a crash. Proving distracted driving caused by texting or other cellphone use, often requires a careful investigation by attorneys with experience handling texting and driving cases. Depending on the particular incident, an experienced crash attorney will work to secure:
- Cell phone records to pinpoint texting or app use around the time of the crash;
- Dash-cam, traffic, or security video showing the driver looking down instead of at the road;
- Event data recorder information, which may show no braking before impact;
- Witness testimony that the driver was holding a phone or had it in front of his face; and/or
- Social media or app data, if the driver was posting, livestreaming, or using GPS at the time.
At Turner-Monahan, PLLC, we work with crash reconstruction experts and other forensic experts to secure the evidence to demonstrate that the at-fault driver was using his cellphone in the seconds leading up to impact and use that evidence to show that the crash would not have occurred had that driver simply made the decision to drive now and text later.
Turner-Monahan, PLLC – Help for Victims of Distracted Driving
Texting and driving crashes are completely preventable. When another driver chooses a phone over traffic safety, the legal system can provide you with an avenue for recovering your lost wages and medical expenses as well as compensation for pain and suffering.
At Turner-Monahan, PLLC, our personal injury team understands how quickly a distracted driver can turn an ordinary day on the road into a life altering one. Attorneys Tyler Monahan and Matthew McLain are committed to thoroughly investigating your case, identifying all responsible parties, and pursuing full compensation for your injuries and losses.
If you or someone you love has been injured because another driver was distracted by a cellphone, contact us to discuss your options. We offer free consultations, and you pay no attorney’s fees or expenses unless we recover money for you.
Turner-Monahan, PLLC
Serving Tarrant, Dallas, Parker, Johnson, and Denton Counties and Beyond
www.tumolaw.com
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