In recent years, texting and use of cellphones while driving has gone from being a rarely practiced habit to a universal vice affecting people from all walks of life, especially drivers. The onslaught and major revolutions in smartphone technologies have not only opened the world to new opportunities but also caused a lot of grief and losses among families. Motorists are not only using their cellphones to text, but also to take photos, post on social media platforms, reply to emails, and more.
This habit has become so rampant that in 2009, the Obama Administration held a Distracted Driving Summit geared towards addressing this growing menace, especially among motorists. According to recent statistics, distracted driving causes at least 16 million auto wrecks every year. If you were in a Texas City texting and cellphone accident, you need to hold someone accountable for their breach of duty. The State of Texas prohibits the use of hand-held devices while driving. If you can prove that the other driver was on a call, texting, replying to an email, or taking photos at the time of the crash, you may be eligible for compensation with the help of a trusted car accident attorney.
Fault in texting and cellphone accidents is usually a contentious issue due to the multiple parties involved. However, the true measure of determining liability is applying the elements of negligence in your case. You need to show that the other party owed you a duty of care but knowingly breached it by an act or omission. Further, you must prove, with the preponderance of the evidence, that the breach was the proximate or direct cause of your injuries and losses. Lastly, damages must be proven.
From these elements, anyone can be at fault. Most of the Texas City texting and cellphone accidents we have handled involved the following defendants:
All motorists have a legal duty to follow state and federal traffic regulations. This includes not using handheld cellphones when driving. If they must, the reasonable thing to do is to pull over and continue with the journey afterward. However, many drivers don’t do so. As a result, they get distracted and end up causing accidents. In this case, they may be individually sued through their insurance companies.
If the driver who caused your injuries or the death of a loved one was on a business-related call during the crash, you may sue his or her employer. As a policy, all companies must train their drivers on safe driving practices and prohibit the use of handheld devices while operating company vehicles. If the other driver was driving a company vehicle or handling business matters on their cellphone while driving, a seasoned attorney can help you sue the employer.
Sometimes cellphone companies may bear liability for texting and cellphone accidents. This is mostly the case in scenarios where cellphones are not equipped with safety features that bar drivers from operating them while driving. Because establishing fault on a cellphone company is complex, you need a qualified attorney who knows where and what to look for to demonstrate a breach of duty.
Hiring a car accident attorney for a Texas City texting and cellphone accident is the best opportunity you have to fully comprehend your rights and what’s in store for you. They review your case and the circumstances of your crash to establish the moments leading to the accident. By doing so, your attorney gets to:
Certainly, there is nothing to lose but so much to benefit. Our team does not charge anything to listen to you. Further, we don’t collect attorney’s fees unless your case is won and fully settled.
If you suffered injuries and damages in a Texas City texting and cellphone accident, do not delay in seeking competent legal counsel. To speak with us, please call our Texas-based offices or fill out our online contact form right away.