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The world today isn’t what it was a few years back. It has become more dynamic, spurring unimaginable growth. One area that has been immensely transformed is the technology sector. With this technological revolution, everything has been made easier. For instance, cell phones are no longer used simply for calls, as you can do much more. These devices are now used for banking services, GPS, and a lot more. As a result, more people have become glued to their cell phones even when on the road, thus creating a public safety concern.
Operating a vehicle requires the driver’s full attention, and given the distraction that comes with the use of smartphones, it’s no surprise that related accidents are skyrocketing. According to the National Highway Traffic Safety Administration (NHTSA), at least 3,100 people are killed every year in similar accidents in the U.S, representing 9% of traffic accident fatalities. While these numbers may seem negligible, putting them into perspective paints a sad picture. Every day, at least 8 people are killed. Missouri City texting and cell phone accidents are no different, so if you were injured or lost a loved one in similar crashes, filing a claim with a car accident attorney may bring you closure.
Texting, reading a message, sending an email, and other cell phone-related activities while driving are illegal in Texas. A legislative enactment passed in 2017 prohibits the driver from using their mobile devices when operating a vehicle. Using a hand-held device is a leading cause of distracted driving. Drivers have their eyes and attention taken off the road for a few seconds, when it takes just a split second for a crash to occur. The laws further prohibit:
These laws are crucial when pursuing justice in Missouri City incidents involving texting and cell phone mishaps. One key area that they will come into play is discovering the fault. All you will need to prove is that the other party violated any of the above-mentioned rules. A qualified auto wreck attorney may provide legal assistance to help establish causation in your case.
When filing a claim against another driver, you carry the burden of proof to show that the defendant was distracted at the time of the accident. Your attorney must provide evidence showing that the other party was using their mobile device in the moments leading to the crash. Most times, these accidents occur on major highways and roads. As such, some of them are captured on traffic footage. With the help of a resourceful attorney, you may also have access to IT experts who will examine to determine whether they were in use before the accident. Eyewitness statements will also be crucial in proving liability.
Oftentimes, Missouri City drivers will bear direct liability for neglecting their duty of care by indulging in cell phone use while driving. If they were distracted while on a business call, their employer may also have a case to answer. Drawing the line between driver and employer liability is an uphill task. Apart from the ton of evidence you need to place at the center of the accident, you equally need to distance yourself from blame if maximum compensation is anything to go by. Your fault will ultimately affect your case, and insurance companies will be on the lookout for this. Since Texas is a shared fault state, your claim may be denied or lowered based on your degree of fault. Discussing your claim with a qualified attorney before taking any legal action is critical.
Distracted driving presents a high risk of sustaining life-threatening injuries as well as loss of life. If you or your loved one has been a victim of Missouri City texting and cell phone accidents, it’s in your best interests that you discuss your case with a nearby car accident attorney. He or she may help you determine liability and decide the best avenue to pursue compensation. Our team at Lone Star Injury Attorneys will help build a substantial case that guarantees maximum compensation for your injuries and losses. Call us today for a free case evaluation.
Lone Star Injury Attorneys, PLLC
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