The use of cell phones is unavoidable in our modern age. Resisting the urge to answer a call or reply to a message when driving can be difficult. Although this temptation is understandable, the use of cell phones while operating a vehicle has been attributed to hundreds of deaths and thousands of injuries in the U.S. According to the Centers for Disease Control (CDC), at least 9 people lose their lives every day in distracted driving accidents involving the use of hand-held devices.
Houston texting and cell phone accidents are often catastrophic, as this behavior takes the driver’s attention off the road, exposing them and other motorists to fatal crashes. Distracted driving is a major concern for public safety, and drivers who break traffic laws by using their cell phones while driving commit an offense punishable by law.
If you were hurt in a Houston texting and driving accident, you may be able to hold the careless driver accountable. If an accident results from answering a call, replying to a text or email, navigating the phone’s GPS, or any other activity involving a cell phone, the negligent driver may face criminal and civil charges. For more guidance, speak with a local Houston car accident lawyer as soon as possible.
Texas Distracted Driving Laws
The State of Texas prohibits the use of cell phones and other handheld devices while driving. This includes laptops, two-way radios, and tablets. Breaking these laws attracts penalties and jail terms. (However, there may be exceptions in emergency scenarios or when the driver is using hands-free devices.)
Houston texting and driving accidents that result in serious injuries or fatalities may set up the responsible parties for criminal and civil lawsuits. For example, if someone is killed or injured, a state prosecutor may file criminal charges seeking to punish the driver for flouting distracted driving laws. At the same time, the injured person or surviving estate of the deceased may also file civil charges categorized into personal injury lawsuit or wrongful death claim for compensation.
Both charges may run simultaneously. For instance, criminal charges are based on proving liability beyond a reasonable doubt, while personal injury lawsuits hinge on the preponderance of the evidence. A knowledgeable car accident attorney is essential in understanding different laws as they apply in your case.
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Proving the Other Driver Was Texting
It’s highly unlikely that the other driver will admit to having been using a cell phone while driving, and officers at the scene may not establish this in the police reports. Even so, there are many other ways of proving fault in a Houston texting and cell phone accident. Evidence that may be used may includes:
- Eyewitness accounts
- Expert witnesses’ testimonials
- Surveillance footage from the scene
- Records from mobile service providers
Expert witnesses provide critical input in identifying the circumstances of an accident by using available pieces of evidence to recreate the accident scene. Accident reconstruction experts are the most popular when it comes to determining fault in an auto wreck. With their help, you may establish that the other driver was texting or using a cell phone before the crash.
Common Injuries in Texting and Cell Phone Accidents
Houston texting and cell phone wrecks cause serious injuries that severely impact a person’s way of life. For example, they may no longer be able to go to work. There is also the likelihood of developing anxiety and stress disorders, resulting in a diminished quality of life.
Some of the injuries that could upset one’s life following a texting and cell phone accident include:
- Whiplash
- Head injuries
- Burn injuries
- Broken bones
- Brain injuries
- Spinal injuries
- Internal damage
- Cuts and bruises
There is also the risk of fatalities. Failure to yield and pedestrian accidents are often associated with the loss of lives. In these scenarios, wrongful death lawsuits may be filed.
It is important to discuss your case with a qualified attorney to understand your rights and legal options. Most personal injury lawsuits are resolved with insurance companies, but can also proceed to trial. A skilled car accident attorney will be a great asset in either scenario.
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For Help with a Texting and Cell Phone Accident Case in Houston, Call Today
If you are among the people who have been hurt or lost a loved one in Houston texting and cell phone accidents, speak with a distinguished attorney about your legal options. Apart from determining liability and identifying solid evidence for your case, our legal team can fight for maximum compensation. Call our offices today for a free case evaluation.
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