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Motorists in Texas have a legal responsibility to ensure that their behavior and actions on our roads do not pose a threat to their passengers or other road users. This means adhering to traffic regulations as per state laws. Among the most common practices that many motorists indulge in is the use of cell phones while driving.
The use of cell phones while driving is a dangerous form of distracted driving that can result in catastrophic consequences such as destruction of property, life-changing injuries, and fatalities. Victims have the right to pursue legal recourse for the losses they incur.
Our experienced Dickinson texting while driving accident lawyers understand the dangers. If you were a victim of a distracted driver, call our car accident lawyer in Dickinson today to learn more about your rights.
Texting and Cell Phone Accidents Statistics and Trends in Texas
Our Dickinson personal injury lawyers understand that texting and cell phone accidents are a rising concern countrywide, not just in Texas. Statistics from the Texas Department of Transportation’s “Talk. Text. Crash.” campaign highlight the gravity of this practice.
In 2021, at least 1 in every 5 auto wrecks were attributed to distracted driving primarily due to the use of cell phones while driving. To combat this pressing concern, a range of measures have been undertaken to discourage motorists from using cell phones while driving.
Since 2017, the State of Texas has prohibited the use of cell phones while driving, with penalties for first offenders reaching up to $200. But even with heightened efforts and campaigns to champion road safety, some motorists still violate these laws, resulting in preventable crashes.
Besides facing criminal charges, negligent drivers may also face civil claims, where Dickinson texting while driving accident lawyers help injured victims seek compensation for injuries and losses suffered in a crash.
For a free legal consultation with a texting while driving accident lawyer serving Dickinson, call (832) 449-8230
How Texting While Driving Accident Lawyers in Dickinson Prove Negligence
Proving negligence in texting while driving accidents is vital since it helps establish the party responsible for the accident. Liability or fault in personal injury law involves demonstrating that another party owed you a legal responsibility of care.
Essentially, negligence in texting and cell phone accidents in Dickinson is demonstrated by establishing the following elements:
Duty of Care
The first step in proving negligence in an auto wreck involving distracted driving is showing that the other driver owed you a duty of care.
In this context, the duty of care requires all motorists to observe federal and state regulations regarding road safety. This involves adhering to all traffic laws and driving responsibly without engaging in practices that could endanger the safety of passengers, pedestrians, and other road users.
Breach of Duty
The next step is demonstrating how the duty of care was breached. In a texting and cell phone accident, proving this element is usually straightforward.
All you need to show is that the defendant was using their cell phone at the time of the crash. A knowledgeable auto wreck attorney could access vital information from mobile service providers to prove this.
Causation
Proving causation requires you to establish a direct link between the breach of duty and the crash. This requirement must be fulfilled and requires evidence showing that the distraction contributed to the accident.
Eye witness statements, traffic footage, and expert testimonials are valuable in proving causation in Dickinson texting and cell phone accidents.
Damages
The last element of negligence you need to prove is damages. These are the tangible and intangible losses that follow an injury. They usually cover lost wages, rehabilitation expenses, property repair expenses, past and future medical expenses, loss of income-earning ability, and other provable costs.
A skilled Dickinson texting while driving accident attorney is crucial for determining the extent of losses you are likely to suffer following an auto wreck.
Dickinson Texting While Driving Accident Lawyer Near Me (832) 449-8230
Cell Phone Tracking in Proving Distracted Driving Accidents in Dickinson
Traffic footage, expert testimonials, and eyewitness statements are among the most common ways of proving that the other driver was distracted. However, there are other precise means you can use to accurately pin the blame on them.
This involves cell phone tracking. A resourceful texting while driving attorney in Dickinson can work with mobile service providers to track cell phone data and analyze its location in the moments leading up to the accident.
This evidence further strengthens a personal injury claim by proving negligence and aiding in establishing fault.
Click to contact our Car Accident Lawyers in Dickinson today
Speak With Our Dickinson Texting While Driving Accident Attorneys Today
Dickinson texting and cell phone accidents involve negligence, and our personal injury attorneys are committed to holding careless drivers responsible for the damages they cause. Schedule a no-risk case evaluation with our team today.
Call or text (832) 449-8230 or complete a Free Case Evaluation form
