Texting While Driving Accident Lawyer

According to the National Highway Transportation Safety Administration (NHTSA), distracted driving is any activity that diverts a driver’s attention from the safe operation of their vehicle. Three main types of distractions can occur while a driver is operating a motor vehicle:

Some of the most common sources of distracted driving include the following:

Reading or sending a text message takes an average of five seconds. Although that may seem like a short amount of time, a driver who takes their eyes off the road for only five seconds while traveling at 55 miles per hour can travel the length of an entire football field without looking at the road ahead. The Texas Department of Transportation estimates that distracted drivers caused about one in five crashes on Texas roadways in one recent year. That same year, 431 people in Texas were killed in distracted driving collisions, and nearly 3,000 individuals were seriously injured.

Texting while driving is dangerous because it distracts drivers in three ways: visually, manually, and cognitively. Safe driving requires a driver’s full attention the entire time they are behind the wheel. Looking away from the road for even a few seconds can prevent a driver from seeing upcoming hazards or reacting in time to avoid collisions, particularly if traffic suddenly slows or stops.

Distracted driving accidents are preventable. To avoid distractions, drivers should leave their cell phones in the glove box, a purse or bag, or the back seat. They should also select music or look up directions before hitting the road. Young drivers are especially prone to text behind the wheel, so motorists who teach them to drive should set a good example and put their phones away while driving.

Teenage drivers are disproportionately involved in texting-related crashes due to inexperience and a higher tendency to engage in risky behaviors. Studies show that young drivers are four times more likely than adults to be involved in a texting-related collision.

Teens are also more likely to underestimate or ignore the dangers of texting while driving. Parents and guardians play a critical role in preventing these behaviors. By setting clear rules, modeling good behavior, and using resources like driving safety apps, adults can help instill safer driving habits in their teens.

Texting while driving is illegal in the state of Texas. Under the law, drivers are prohibited from sending or receiving text messages when driving. If a law enforcement officer catches an individual violating this law, the driver could face fines of up to $99 for a first offense and up to $200 for subsequent offenses.

Some municipalities have banned all cellphone use while behind the wheel. In El Paso, for instance, drivers are prohibited from using cell phones to talk or send text messages. Enhanced penalties may apply if texting while driving leads to a collision causing injury or death.

Drivers who text behind the wheel put themselves and other road users at risk. Texting while driving can lead to significant accidents, including the following:

These types of accidents can result in severe injuries, including broken bones, head trauma, and spinal cord injuries.

Preventing texting and driving requires proactive measures. Drivers can reduce distractions by:

Community awareness campaigns, such as those led by the Texas Department of Transportation, also play a vital role in reducing texting and driving incidents by educating drivers about the risks.

Determining liability in a texting-while-driving accident can be challenging because it is not always easy to prove the other driver was texting when the crash occurred. You may suspect a careless driver was using their phone behind the wheel, but your attorney must present evidence to show this was the case.

Car accident lawyers will often use the following types of evidence to build a robust case against the at-fault driver in a texting-while-driving accident:

Proving that a driver was texting at the time of a crash requires strong evidence and a strategic approach. Attorneys may use various forms of evidence to support your case, such as:

An experienced car accident attorney will know how to gather, interpret, and present this evidence effectively to build a compelling case. This critical step not only establishes liability but also forms the foundation for pursuing compensation for your injuries and losses.

If you were hurt by a driver texting behind the wheel, you may be entitled to significant compensation. The total value of your claim will depend on the severity of your injuries and the specifics of the accident. Potential compensation includes:

A car accident attorney experienced in texting-and-driving cases can help ensure that all your damages—both economic and non-economic—are accounted for, giving you the best chance of securing full compensation. By combining strong evidence of distracted driving with a detailed accounting of your losses, your car accident attorney can build a powerful case that holds the negligent driver accountable and provides the financial relief you deserve.

If you or a loved one has been injured in a texting and driving accident, the Law Offices of Michael J. Gopin, PLLC, is here to help. With over 50 years of combined experience, our attorneys are dedicated to securing justice for victims of distracted driving.

Contact us today at (915) 333-3333 or fill out our online form to schedule a free consultation. Let us help you pursue the compensation you deserve so you can focus on healing.