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Driving on Texas roads requires a driver’s full attention. Any activity that hinders this puts everyone’s safety at risk. A common distraction among motorists is using hand-held mobile devices while driving. While this behavior cuts across all drivers, it is more prevalent among young drivers. Texting, browsing, taking photos, and other phone usage are hazardous. They expose drivers, passengers, pedestrians, motorcyclists, cyclists, and the general public to untold dangers.
Because texting while driving is prohibited, motorists who violate this law face criminal liability. When a La Porte texting and cell phone accident results in property damage, loss of life, or life-changing injuries, victims are entitled to compensation. Filing a civil claim allows for monetary compensation for lost wages, vehicle repair estimates, medical expenses, and emotional distress, among other damages. Call today to begin working with a skilled car accident attorney.
The Centers for Disease Control and Prevention (CDC) classifies the use of cell phones as the most prevalent form of distracted driving causing many wrecks in La Porte and across the state. These distractions affect a driver’s cognitive, visual, and manual functions. Drivers are visually distracted when they take their eyes off the road to reply to a message. Looking down to reach a phone, type a text, or compose a message takes their focus away from the surrounding environment. As a result, they miss critical cues such as traffic lights, needing to yield, and other obstacles on the road.
Manual distraction happens when a driver takes their hands off the steering wheel and gets occupied with typing a message or handling a phone. This distraction can result in a loss of vehicle control, as drivers cannot make quick maneuvers or react to sudden changes or emergencies. This significantly increases the chances of a crash.
Cell phone use while driving also results in cognitive functions, diverting the driver’s attention from the road. A driver’s attention is split between the road and the phone when thinking about a conversation or what to text. This significantly impairs decision-making and reaction time. Delayed response to hazards can have devastating consequences for motorists and other road users.
When filing a claim for a texting and cell phone accident in La Porte, you will require tangible proof to support your case. A skilled car accident lawyer will explore evidence such as:
Police reports are invaluable evidence when proving a car accident case. They contain crucial details regarding the driver’s behaviors from officers investigating the crash. If the other driver was on their phone at the moment leading up to the accident, the report will contain observations to confirm that. For example, a police officer may have seen the driver speaking on the phone or texting.
Witness statements are fundamental when proving a texting and cell phone accident in La Porte. Testimonies from bystanders, passengers, or other motorists who saw the driver using hand-held mobile devices can provide testimonies to support your claim. For example, eyewitnesses may provide statements describing driver behaviors such as looking down, swerving while on a call, aggressively honking while holding a phone, or typing while driving. Such firsthand accounts can help corroborate other pieces of evidence.
Footage from dashcams and surveillance cameras offers visual proof that could support a texting and cell phone accident claim. For instance, cameras on highways, intersections, streets, or business establishments capture moments preceding a crash. Visual proof of distracted driving is solid evidence that a skillful car accident attorney can leverage to back your car accident lawsuit. Combined with witness statements, police reports, and other evidence, visual footage is an excellent tool for demonstrating breach of duty and causation.
Cell phone records are reliable, factual, and indisputable proof of distracted driving. They reveal detailed information about texts, calls, and data activities a driver may have engaged in before a crash. A seasoned attorney will compare the phone activity with the exact timing of the accident to prove the defendant was distracted. Accessing such evidence can be challenging without a knowledgeable legal team.
If you have been in a texting and cell phone accident in La Porte, you don’t have to navigate the challenging aftermath alone. Retaining an attorney will help you understand your rights, prove fault, value your claim, negotiate with insurers, and ultimately ensure you get the compensation you deserve. Call us today to learn how our personal injury attorneys can be your strongest advocate.
Lone Star Injury Attorneys, PLLC
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