The popularity of texting and the general use of cell phones have moved away from dining tables, classrooms, and offices to drivers’ seats. It is one thing for a driver to pull over and answer a text or reply to an email, but to continue to do the same on a busy road is negligent. Any person involved in such vices should be held accountable through a civil lawsuit, mainly when their negligence or recklessness results in injuries and damages.
Texting and cell phone accidents in Cypress can be tragic. If you were injured in a similar scenario, you may qualify for compensation for your injuries. A car accident attorney who understands how traffic rules work is the best asset for your case. The dedicated and compassionate legal teams at Lone Star Injury Attorneys have what it takes to make a successful injury claim. No matter how complex the issue at hand may seem, we know how to present the right evidence for you to recover maximum compensation.
Texting and Cell Phone Laws in Cypress
Although there are laws that bar drivers from completely using their cellphones while driving, drivers continue to face civil or criminal charges for these negligent actions. Under state laws:
- Drivers are not allowed to use handheld devices while in school zones
- Drivers with learning permits are prohibited from using cell phones in the first six months
- School bus drivers must not use their cellphone in the presence of children
- Underage drivers are not allowed to use handheld devices
- Drivers cannot in the exchange of electronic messages
Understanding the full scope of Texas texting and cell phone laws requires a knowledgeable attorney. Each of the above-mentioned scenarios may present unique challenges that a reputable car accident lawyer can maneuver through to use for your personal injury case.
For a free legal consultation with a texting while driving accident lawyer serving Cypress, call (832) 449-8230
Proving that the Driver was Using their Cell Phone
To successfully recover a beneficial outcome from your Cypress texting and cell phone accident case, you must prove, through a preponderance of evidence (more likely than not), that the other driver was on their phone at the time of the accident. Unlike an average car accident case, which general liability is easier to prove, you would need specific proof to show the driver was texting. There are several ways fault may be established on the defendant. They include:
Defendant’s Admission
Although it’s a rare occurrence, a driver may admit fault after causing an accident. You can use this admission for your benefit. It could be right after hitting you, as the party at fault says, “I’m sorry I didn’t see you” Such utterances should be noted down and handed to your car accident attorney. They may also admit liability during investigations, and this may be found in the final police report. Be sure to retain a copy of this police report for your records.
Eyewitnesses
Bystanders play a crucial role in backing your claims. They saw the accident happen, and as such, they may be able to tell if the driver was on their cell phone moments before the crash. Before leaving the scene, collect their contact information and record their addresses, names, and phone numbers. Their physical presence may prove vital during a court process.
Traffic Footage
Depending on where the Cypress texting and cell phone accident occurred, you may access traffic footage to prove the liability on the driver’s part. If unavailable, your attorney may access dashcam footage from their car to review the circumstances of the crash. Raw photos or videos are indisputable pieces of evidence and are crucial in distancing yourself from liability.
Phone Records
In other instances, the court may subpoena the driver to provide their cell phone records. The same may be served to phone service providers. By comparing call logs with the time and date of the accident, your car accident attorney may help tie the phone activities to the time of the crash. Expert witnesses may also be required, therefore making it ideal that you retain an attorney as soon as possible.
Cypress Texting While Driving Accident Lawyer Near Me (832) 449-8230
Hiring an Attorney for a Cypress Texting and Cell Phone Accident Lawsuit
You need tested, aggressive, and experienced legal representation to get to the depths of your case. Your legal team will investigate your case, talk to witnesses, obtain evidence, prepare an indisputable case, negotiate a settlement with insurance companies and represent you in court. There is so much an attorney can help you with to obtain maximum justice.
Because our Lone Star Injury Attorneys fight for our clients on a contingency fee arrangement, you shouldn’t hesitate to talk to us about your texting and cell phone accident in Cypress. We only collect attorneys fees if your case is successful. Contact us today to learn more about your legal options and how we can help you recover maximum compensation.
Call or text (832) 449-8230 or complete a Free Case Evaluation form