Texting While Driving Car Accidents in Southlake
When driving around Southlake, you will likely see several motorists looking down at their phones. It is frustrating to watch people disregard the law and put each other at risk, but it is a sad reality. Texting while driving car accidents in Southlake often leave people severely injured. When these crashes happen, injured people deserve justice.
An experienced car accident attorney could investigate the cause of the crash and help you hold the at-fault driver accountable for your injuries. When you have questions about your legal rights and options after a car accident, contact our legal team members.
What Are the Laws Against Texting While Driving in Southlake?
It is illegal to use an electronic device while driving in Texas: Section 545.4251, entitled “Use of Portable Wireless Communication Device for Electronic Messaging,” makes it clear that a driver is prohibited from doing more than just texting behind the wheel.
Anyone who texts, emails, or uses any form of communication with a mobile device while driving is guilty of a traffic infraction; however, when a texting driver kills someone or causes them ‘serious bodily injury’ because they caused a vehicle collision, they are guilty of a misdemeanor crime, resulting in fines of up to $4,000 or up to a year in jail. They are also civilly liable for the victim’s injuries.
Proving Fault in a Texting and Driving Car Accident
When someone is seriously hurt or loses a loved one because a distracted driver used their handheld device behind the wheel, a criminal conviction could be used as evidence in a civil lawsuit. There are two ways for injured motorists in Southlake to prove negligence for a texting while driving car wreck using one of the following:
Testimony and Other Factual Evidence
Sometimes, the injured person must rely on police reports or witness statements to establish that the other driver was negligent behind the wheel.
Digital Data and Video
The injured person can also obtain private dash cam video, in-car electronic crash recorder data (ECR/EDR), surveillance videos, or traffic camera footage.
Negligence Per Se and Distracted Driving
In some cases, the injured driver or passenger can prove that the defendant was negligent “per se,” meaning their negligent conduct is implied by the crime or offense they committed. To establish negligence per se, the plaintiff must prove the following:
- The at-fault driver violated a local, state, or federal law, regulation, or ordinance
- The law, regulation, or ordinance the at-fault driver violated was put in place to prevent the harm they caused
- The at-fault driver’s violation of that law, regulation, or ordinance was the direct cause of the plaintiff’s injuries
When law enforcement tickets or charges a driver in Southlake for using a mobile device behind the wheel, a conviction or guilty plea can establish that they are negligent per se in a texting while driving car crash claim. A skilled attorney should handle these complex legal issues.
Contact an Attorney in Southlake to Discuss Texting While Driving Car Accident Claims
When you are hurt in a car accident because of a texting motorist, you have a legal right to compensation for your injuries. Texas’ laws regarding negligence are complex, so consulting a trusted attorney is crucial.
Our dedicated legal professionals could negotiate with the at-fault driver’s insurance or file a lawsuit to recover damages for your injuries. A successful claim can reimburse the cost of your medical care, lost income, or other losses you sustained in the vehicle wreck. Contact an attorney to discuss filing a claim for a texting while driving car accident in Southlake.