When you hear about distracted driving, what is the first thing to come to mind? Most likely, the first thing you think about when someone mentions distracted driving is texting while driving. With the recent enactment of the texting while driving ban in Texas last year, the dangers of texting while driving are on the minds of many Texans, including our Houston car accident attorneys.
The new cell phone law in Texas prohibits drivers from using an electronic device to write, send, or read electronic messages. Fines range from $25 to $99 for first offenses to $100 to $200 for repeat offenders. If an accident caused by texting and driving results in death or serious bodily injury to another person, the offender could face a fine of up to $4,000 and jail time of up to one year.
In addition to banning texting while driving for all drivers, Texas also prohibits teens from using cell phones while driving until their 18th birthday; bus drivers with passengers under the age of 17 are banned from using a cell phone to talk or text while driving; and, only hands-free devices may be used when driving in a school zone. Even with laws limiting the use of cell phones while driving, the use of cell phones by drivers continues to result in thousands of traffic accidents each year.
If a distracted driver caused your injury, call Weycer Law Firm now to speak with a knowledgeable representative. Call (713) 668-4545 for a free consultation with a Houston distracted driving accident attorney.
Other Forms of Distracted Driving
However, cell phones are not the only source of distractions for drivers. Any activity that takes your focus away from driving can be a potentially dangerous and deadly distraction. Examples of distractions that can cause a traffic crash include:
- Use of cell phones or other electronic devices
- Reading or writing
- Grooming and applying makeup
- Eating and drinking
- Programming vehicle systems, changing radio stations and using navigational systems
- Posting and watching videos
- Interacting with passengers
- Looking at objects on the side of the road
- Searching for or reaching for items in the vehicle
According to AAA Exchange, distractions fall under three main categories — visual (taking your eyes off the road), manual (taking your hands off the steering wheel), and cognitive (taking your mind off driving). Given these categories, it is easy to imagine countless activities that could distract a driver.
Many of the distractions listed above fall within more than one category. The most dangerous distractions are those that involve all three categories, such as texting while driving, reaching for objects, grooming, and attending to passengers. When you are engaged in these activities, your hands, eyes, and mind are fully distracted and engaged in something other than driving. Even though multi-tasking might be a skill that employers value, it is not a skill that is safe to utilize when driving a vehicle.
A distracted driver places everyone on the road at risk. For that reason, you should take steps to avoid distracted driving. AAA Exchange provides tips for adults and teens on its website.
Who is Liable for a Distracted Driving Accident?
If a driver causes an accident because he or she is distracted, that driver can be held liable for any damages caused by the accident. Damages include physical injuries, property damage, emotional suffering, and mental anguish. If you are a victim of a distracted driver, you might be entitled to receive money for your damages.
However, you must prove that the driver caused the accident. It is not sufficient to claim that a driver was distracted at the time of the crash. The driver could argue that even though he was eating at the time of the crash, he had the right of way, so you were the driver who caused the collision. It would be up to you to prove that the other driver was responsible for causing the crash before you can recover any compensation for your injuries and damages.
An experienced Houston car accident lawyer can help you prove your case by investigating the accident and securing evidence to prove that you were not at fault for the collision. Insurance companies use any means they can to avoid paying injury claims. If the company believes it can deny or undervalue your claim, it will use its resources, agents, and adjusters to do so. You need a team of legal professionals on your side to protect your rights and fight for a fair and just settlement for your injury claim.
Texas Distracted Driving Accident Statistics
The Texas Department of Transportation states that one in five crashes in Texas are caused by distracted drivers. In 2016, 455 people died, and over 3,000 people were injured in a distracted driving accident in Texas. The number of crashes involving distracted drivers increased by three percent from 2015. All drivers should be aware of the dangers of driving while distracted and the consequences that can result when they are not paying attention to the road.
We urge you to contact our Houston distracted driving accident attorneys to discuss your legal rights. The attorneys of Weycer Law Firm offer free consultations for accident victims and their families. You can use the live chat feature on our website or call (713) 668-4545 to speak to a representative 24/7.