In the state of Texas, it is illegal to text and drive. If someone if driving and a police officer sees them texting, they will be pulled over. Unfortunately, not all drivers abide by this law, and as a result, innocent drivers are at risk of sustaining serious injury.
If you have suffered damages due to the actions of a careless driver not paying attention because they were on their phone, reach out to a skilled injury attorney today. A Sugar Land texting while driving lawyer may be able to help you achieve a positive outcome to your case. To get started on a case, call now.
Recommended Evidence to Present in an Injury Claim
In Sugar Land, an attorney would petition to ask for the cell phone records of the defendant driver on the date of the incident. It may be narrowed per agreement with opposing counsel through litigation. The attorney also asks in the discovery request if the defendant was on their cell phone. If the defendant says no, and the attorney gets their records, and it turns out the defendant was using their phone, that can be used at trial for impeachment to underscore the credibility of the defendant.
How Does Does Someone Obtain Cellphone Records?
The required consent for law enforcement insurance companies to get the records is a signed authorization. Plaintiffs are entitled to cell phone records as long as they show that the records are relevant. In a texting-while-driving case, cell phone records would play a vital role in determining whether the at-fault party was directly responsible for the accident. If it is found that they were on their phone at the time of the collision, the plaintiff may be able to achieve a favorable outcome.
What are the Cell Phone Laws for Novice Drivers?
When a novice driver is involved in an accident, there may be serious considerations as to whether their inexperience played a factor in the accident. Due to their inexperience, the law emphasizes and requires that young drivers stay away from cell phone use when behind the wheel of a car. In order to avoid temptation, young drivers are urged to keep their phones out of reach so they are not tempted to pick it up and use it.
Shared Liability in a Texting While Driving Case
Due to the contributory negligence laws in Texas, victims found to be on their phone at the time of the accident may have their compensation award reduced if it is discovered that their carelessness contributed to the accident. However, other factors would have to be taken into consideration. For example, if the victim was texting and driving at a red light and they were suddenly struck from behind, the jury would have to decide whether the victim played a role in the accident since they were on their phone but were stopped at a red light.
Speak with a Sugar Land Texting While Driving Attorney Today
If you have sustained injuries due to the negligence of a driver texting and driving, you should investigate all avenues for receiving compensation. However, in order to file a successful injury claim, it may be worthwhile to retain the services of an experienced attorney.
A Sugar Land texting-while-driving lawyer may be able to review the facts of your case and advise you on your next steps towards receiving the compensation you deserve. To get started on a case, be sure to schedule a consultation today.