If you have been involved in a roadway accident in Texas, you know the possibility of serious injuries is high. You are also aware that you must prove who was at fault for the accident before you can collect compensation from them. If you are injured because of someone who was paying more attention to their cell phone than the road, then you need to know how to prove you were hit by someone texting while driving.
How to Prove a Texting While Driving Accident
Texas Hands-Free Driving Rules
Since 2015, drivers in Texas have been required to use hands-free devices while operating a motor vehicle. Younger drivers, specifically those under the age of 18, are prohibited from using even a hands-free device. This does not mean you cannot be injured by someone texting and driving, as we know that many people ignore these restrictions.Obtaining Proof of Texting While Driving
The first step is to prove that the other driver involved in the accident was using their cell phone. There are several options for doing this, which include:- Cell Phone Records — Cell phone records may be obtained to prove that a driver was on their cell phone at the time of a collision. An experienced car accident lawyer can take legal steps to obtain the appropriate records.
- Witness Statements — In some cases, your attorney may seek information from witnesses to the accident. Witnesses may have seen a driver using their cell phone in the moments immediately before an accident.
- Accident Report from Law Enforcement — Accident reports which are filed by the officers who arrive at the scene may contain information which clearly points the blame for the accident to a driver who was texting while driving.
- Traffic Cam or Surveillance Camera Footage — If your accident occurred in a metropolitan area of Texas where there are traffic cameras, this information may be requested by your attorney. At the scene of the accident, there may be other surveillance footage available from retail establishments, home cameras, or ATM machines.
- Accident Reconstruction Team Information — When there is no other evidence available, your attorney may hire an accident reconstructionist in order to prove someone was texting while driving.
Time Frames and Texting While Driving Accidents
Many accident victims lose sight of the fact that they have a limited amount of time to file a claim against a driver responsible for their injuries. Generally, the Texas statute of limitations on personal injury cases, like motor vehicle accidents, is two years. (*Always speak directly to an attorney for the exact deadlines that apply to your potential claim(s).) This may sound like a long time, but you need to remember that other factors weigh heavily on your ability to prove fault. Surveillance camera footage does not last forever. In many cases, traffic camera footage and personal or retail camera information is deleted within 30 to 60 days. Without taking immediate action, you could lose access to important data which would help prove you were hit by someone who was texting while driving. Witnesses’ memories will also wane over time. When someone is a witness to a car accident, they often continue about their everyday life after the accident and the details simply slip their mind. If you have been proactive about seeking legal advice following a distracted driving accident, the chances of getting a reliable statement from a witness are pretty good.Distracted Driving Statistics in Texas
Across Texas in one recent year, there were more than 12,000 roadway accidents which resulted in an injury to a driver, pedestrian, passenger, bicyclist, or pedestrian. The number of people who suffered a serious injury exceeded 14,500. In total, nearly 3,900 people lost their lives. Distracted driving was identified as the cause of nearly 400 deaths. Drivers who are operating in an unsafe manner on Texas roadways are a menace to everyone they are sharing the road with. These drivers must be held accountable for their dangerous actions, and the best way to do that is to work closely with a distracted driver accident lawyer.Compensation for Victims of Texting While Driving
You should be able to seek compensation after you have suffered an injury due to a driver who was driving while texting. There are certain losses which nearly all victims suffer.- Medical expenses — These expenses include not only the costs you are paying out of pocket for treatment immediately following your accident, but the cost of future medical treatment in the event of a disabling injury.
- Loss of income — Any loss of earning power in the immediate aftermath of the accident which caused your injury, and future loss of earnings, can be submitted as part of your insurance claim.
- Damage to property — Your vehicle damage can be included in your insurance claim. This may be especially important if you had a relatively new vehicle and it was seriously damaged or totaled in the accident.
- Pain and suffering — Depending on numerous factors, we may be able to help you get compensation for the pain and suffering which resulted from your injuries.
- Scars or disability — Some victims face life-long scarring or other disfigurement following a car accident, for example, due to glass being strewn around the interior of the vehicle during the crash. Disability can be a result of your injuries, including traumatic brain injuries (TBIs).