Texting while driving is a severe lapse in judgment that can have harsh consequences. Not only is this behavior against the law under Arlington’s traffic code, but a conviction in criminal court can also lead to an assumption of negligence in a civil suit for damages.
Despite these harsh penalties, texting while driving remains a common practice. Either due to ignorance concerning the effects of this activity on one’s ability to drive or arrogance that leads one to believe that the rules do not apply to them, hundreds of car accidents every year are the result of this reckless activity.
If you or a loved one were injured due to a distracted motorist, you have the right to demand compensation. A texting while driving car accident lawyer in Arlington, TX, could help you to pursue your claim. It is best to speak to a seasoned and local car accident lawyer to learn about your legal options.
State Laws Concerning Texting While Driving
The portion of the traffic code that prohibits texting while driving is complex. According to Texas Traffic Code §545.4251, it is illegal to use any portable wireless communication devices to read, write, or send an electronic communication.
However, there are many loopholes in this law. For example, it is perfectly legal to use a device in this way if the vehicle is at a stop. Furthermore, a person can read a message if the driver has reason to believe that there is an emergency. Finally, it is legal to use a cell phone if it is connected to a hands-free device or for the purposes of navigation.
Even so, a person who violates this law faces penalties. For a first conviction, a court may order a driver to pay a fine of between $25 and $99 and endure a misdemeanor conviction. However, if texting while driving contributes to an accident that causes a serious bodily injury, the penalty can include a jail sentence of up to one year. A seasoned Arlington texting while driving car accident lawyer could provide clarification as to the state’s laws concerning texting while behind the wheel.
Interactions Between Texting Laws & Claims for Damages
A conviction for texting while driving may not seem helpful to an injured plaintiff at first. Criminal courts cannot order a defendant to pay compensation for bodily injuries. However, a criminal conviction can still serve as powerful evidence in a civil claim for damages.
Courts rely on the legal doctrine of Res Judicata when determining whether certain facts must be reconsidered. In simple terms, if a court has already determined that an event occurred, another court generally will not revisit that same question.
For example, if a criminal court convicts a driver of texting while driving, a civil court may rely on that finding and accept that the texting occurred.
Additionally, civil courts may presume a driver was at fault for a crash if they were violating the law at the time of the collision. Because of this, a conviction for texting while driving can help establish that a defendant acted negligently and is responsible for resulting damages.
Key ways a criminal conviction may support a civil claim include:
- Establishing that the driver was texting while driving
- Demonstrating that the driver was violating traffic laws
- Helping prove negligence in the accident
- Strengthening a plaintiff’s claim for compensation
The Texas Law Dog can help investigate the outcome of any criminal case and use those findings to support a civil claim for damages.
Arlington Texting While Driving Car Accident Lawyer Near Me (817) 775-5364
An Arlington Texting While Driving Car Accident Lawyer Could Fight for You
Texting while driving is an irresponsible activity that places all people on the road at a great risk for personal injury. Indeed, state law makes it a misdemeanor–level offense for any person to use an electronic communication device to read, write, or send any form of electronic message. While the law does offer potential offenders many possible loopholes, police officers can still investigate whether texting while driving contributed to an accident.
A conviction for this offense in criminal court can be vital to a civil claim for damages. While a plaintiff still retains the burden of proving that a defendant driver’s negligence was the cause of an accident, convictions for texting while driving can make this step much simpler.
Contact an Arlington texting while driving car accident lawyer today to learn about your legal rights and options.
