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A majority of states in the United States, including League City, prohibit the use of cell phones when driving. Unfortunately, not all drivers adhere to these rules. Distracted driving not only poses a risk to the drivers but also endangers the lives of pedestrians, passengers, motorcyclists, and other road users. With the ever-changing technology, these accidents continue to rise owing to the popular use of smartphones for texting, calling, and surfing the internet.
While drivers of all ages engage in distracted driving, research indicates that this vice is more common in teenagers. Sadly, over 3,000 fatalities are reported every year due to texting and cell phone accidents. According to the Department of Transportation, the use of cell phones while driving makes it twice as likely for an accident to occur. Anyone who suffers damages in a League City texting and cell phone accident is liable for compensation.
If you or a loved one was injured in an accident caused by distracted driving, a car accident lawyer in League City can help you file a personal injury claim.
Liability in a League City Texting and Cell Phone Accident Lawsuit
It’s your responsibility as the plaintiff to prove that the defendant was indeed using their phone when the accident occurred. Typically, you must prove that you were not responsible for your own injuries and that the accident would have been avoided if the driver were responsible enough. There are two major parties you can hold liable for the accident and the damages that follow thereafter. They are:
The Driver
In most texting and cell phone accident lawsuits, the driver (the defendant) is always held at fault for the accident and damages caused. Normally, the driver is expected to maintain high standards of care when operating on League City roadways. So if it’s established that the driver who hit you failed to honor their duty of care towards you, causing you harm in the process, you may have a legal claim to bring forward.
Some of the most common ways in which drivers get careless when texting and using cell phones while driving include:
- Failing to take note of their surroundings
- Reacting to emotions emanating from a call or text
- Taking their eyes off the road while replying to a text or receiving a call
- Driving with one hand while the other is used on the phone
Instead of having to collect pieces of evidence to prove the above on your own, you should let our League City personal injury lawyers do the dirty work on your behalf. Investigating an accident caused by distracted driving is very difficult. You may need access to records far above your reach, such as traffic video footage, police reports, and expert witnesses. Some of these assets are unreachable when litigating your case on your own.
Employer’s Liability
An employer can also be legally held liable for an accident caused by a driver’s distracted driving. This often works when it’s proven that the driver was on a business-related call, or was replying to the employer’s message or email at the time of the accident. You’d normally file a claim against the employer and the driver. But when our League City texting and cell phone accident lawyer takes over your case, the employer will be sued alone, given that the employer has more money than the average driver. As expected, employers know this too well, and to avoid being on the wrong side of the law, they normally prohibit the use of cell phones while driving.
For a free legal consultation with a texting while driving accident lawyer serving League City, call (713) 429-0711
What If a Teenager Caused a League City Texting and Cell Phone Accident?
If a teenager is responsible for the accident that caused you harm, you may also file a claim against their parents or guardian. For example, if a parent knowingly allows their child to operate a vehicle while below the allowed age, and still goes ahead to use their phone while driving, they can be held liable for damages suffered.
League City Texting While Driving Accident Lawyer Near Me (713) 429-0711
Injured in a League City Texting and Cell Phone Accident? Our Attorneys Can Help
When considering filing a lawsuit for a texting and cell phone accident case, it’s important that you, first of all, understand how your accident happened. You must also collect enough proof and evidence that the driver who hit you was indeed using a cell phone when the accident occurred. Our League City texting and cell phone accident lawyer can do all these for you while you concentrate on healing in the comfort of your home. To get a detailed guide about filing a texting and cell phone accident claim, call us.
Call or text (713) 429-0711 or complete a Free Case Evaluation form