Many people are glued to their cellphone. So much so that they do not hesitate to use their devices even when they are behind the wheel. Texting while driving has become a major cause of accidents in Texas. If you sustained injuries in an accident caused by another driver who was texting while driving in Clear Lake City, you may be entitled to compensation from that negligent motorist. You should reach out to our car wreck attorneys to learn more about what we could do to assist you through this process.
Why is Texting While Driving So Dangerous?
When a person drives a car, they are supposed to have their full and undivided attention on the road. Distracted driving is any activity that takes a driver’s attention off the road. Texting is one of the worst kinds of distracted driving because it impairs a driver’s visual, manual, and cognitive abilities.
Visually, texting requires a driver to look away from the road while they read and respond to their texts. Manually, replying to a text requires a driver to remove their hands from the steering wheel. Cognitively, texting shifts a driver’s mental focus away from the road toward whatever is on their phone instead. Experts agree that during the time it takes for someone to reply to a text, a driver on a highway could travel the length of a football field, which is why it is no wonder that texting while driving causes so many car accidents in Clear Lake City.
How Can a Car Wreck Attorney in Clear Lake City Help?
To recover damages against an at-fault driver, an attorney would need to prove that the at-fault driver was negligent. Fortunately, in 2017 Texas enacted legislation to address the ‘texting while driving’ problem.
According to Texas Transportation Code §545.4251, all drivers may not send or read texts or emails while driving. Because it is illegal to text and drive, if a claimant can show that an at-fault driver was texting or using their phone behind the wheel, then they can prove that the at-fault driver breached the reasonable duty of care that every driver owes to others on the road.
A skilled Clear Lake City attorney could help prove that the at-fault driver was texting while driving, and as a result, caused the accident in question. An attorney could collect evidence by looking at the police report to see if any eyewitnesses noted that the at-fault driver was texting. In the absence of direct eyewitnesses, a lawyer could follow up by interviewing and questioning any passengers in either car or other witnesses to see if anyone noticed the at-fault driver was looking down, which could indicate that they were texting. If no one witnessed the accident, an attorney could follow the proper procedural channels to obtain the cellphone records of the at-fault driver. Once they lawfully obtain the cellphone records, they would check to see if the driver sent or received text messages at the time of the accident.
Reach out to a Clear Lake City Attorney to Discuss Claims for Accidents Caused by Texting and Driving
If you are recovering from severe injuries sustained in a car crash, you may need financial assistance to pay for your necessary medical treatments and to recoup any lost wages. If you believe that the at-fault driver was distracted while behind the wheel, you may be entitled to receive compensation. Contact our firm if you were involved in an accident caused by someone texting while driving in Clear Lake City.