Distracted Driving Accident Attorneys In Austin, TX

Distracted driving, particularly texting while driving, has become a significant concern in Austin and across the nation. As one of the leading causes of car accidents, it puts not only the driver but also pedestrians and other road users at risk. Distracted driving accidents are more than just statistics — they represent lives forever changed by a moment of inattention. Whether it’s texting behind the wheel or another distraction, these preventable acts can leave victims facing devastating injuries, mounting medical bills, and emotional scars that take years to heal.

At Byrd Davis Alden & Henrichson LLP, we understand the devastating impact that texting and driving accidents can have on victims and their families. Our experienced Austin distracted driving accident attorneys are dedicated to fighting for justice and securing fair compensation for those harmed by negligent drivers. If you’ve been injured in a texting and driving accident, we’re here to help you navigate the legal process and pursue the compensation you deserve.

Introduction to Distracted Driving

Distracted driving is a growing concern in the United States, resulting in thousands of car accidents and motor vehicle crashes every year. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving accidents claim the lives of over 3,000 people annually. As a leading cause of driving accidents, distracted driving can have severe consequences, including injuries, fatalities, and significant financial losses. It is essential to understand the dangers of distracted driving and take steps to prevent it. Our legal team is dedicated to helping victims of distracted driving accidents navigate the complex legal process and obtain the compensation they deserve.

Understanding the Dangers

Distracted driving can take many forms, including texting while driving, talking on the phone, eating, and using a navigation system. These distractions can be categorized into three main types: cognitive distractions, manual distractions, and visual distractions. Cognitive distractions, such as talking on the phone or using social media accounts, can divert a driver’s attention away from the road. Manual distractions, like eating or texting, require a driver to take their hands off the wheel. Visual distractions, including looking at a cell phone or billboards, can cause a driver’s eyes to leave the road. Our law firm is committed to raising awareness about the dangers of distracted driving and promoting distraction-free driving practices.

Comprehensive Guide to Distracted Driving Accidents and Claims

Distracted driving accidents are more than just unfortunate events — they can change lives in an instant. When a driver’s inattention leads to a crash, the aftermath can leave victims facing severe injuries, mounting medical expenses, emotional trauma, and a complex path toward recovery. These accidents are particularly disheartening when caused by preventable acts such as texting and driving, a common yet illegal form of negligence in Texas. Understanding your rights and the steps needed to pursue justice is essential for regaining control and moving forward after such an ordeal.

The Impact of Texting and Driving

Texting while driving remains one of the leading causes of distracted driving accidents, despite being illegal in Texas. Victims of these accidents often grapple with the unfairness of knowing that a simple, preventable action caused their pain. If you or a loved one has been harmed due to another driver’s negligence, you have the right to pursue compensation for your injuries and losses by filing a Texas personal injury claim.

An experienced attorney can guide you through the claims process and help ensure the responsible party is held accountable. Lawyers specializing in texting and driving cases conduct thorough investigations to gather the evidence needed to support your claim.

Laws and Regulations

Distracted driving laws vary by state, but most prohibit texting while driving and other forms of distracted driving. In many states, distracted driving is considered a form of negligence, and drivers who engage in such behavior can be held liable for accidents and injuries. The NHTSA has implemented various initiatives to prevent distracted driving, including public awareness campaigns and partnerships with law enforcement agencies. Additionally, many companies have adopted policies to prevent distracted driving, such as prohibiting employees from using cell phones while driving for work-related purposes. Our legal team is well-versed in distracted driving laws and regulations and can help victims of distracted driving accidents understand their rights and options.

How Can You Prove the Other Driver Was Texting and Driving?

Texting while driving is illegal in the state of Texas. Despite this act being illegal, texting and driving is one of the most common causes of car accidents in Austin and other parts of Texas. Luckily, with the help of one of our experienced Austin texting and driving accident attorneys, we can launch a full investigation into your case to decipher and find key evidence that can help support your claim that the liable party was texting and driving. 

Some key evidence our legal team will look for when proving texting and driving in an accident case includes:

Request the At-Fault Driver’s Phone Records

One of our Austin texting and driving accident lawyers can help you obtain a subpoena to obtain a copy of the other driver’s phone records. This is often one of the strongest pieces of evidence when looking to prove texting and driving as the cause of your car accident.

Testimony of a Witness

Pedestrians, other drivers, or passengers of other vehicles may have seen the accident occur and could provide a statement detailing what they saw occur. If a witness saw the other driver texting when the crash occurred, this testimony can be highly beneficial to your case.

Accident Report

One reason it is so important to always call law enforcement to the scene of an accident is to ensure there is an official record created of the incident. The accident report can be a vital piece of evidence, detailing what you saw occur, including that the other driver was texting and driving.

Security Footage

If the accident occurred in the view of any security cameras, these cameras may have captured video footage showing the other driver texting and driving.

Accident Reconstruction

Our team of legal professionals may choose to partner with an accident reconstruction specialist. These specialists can show that the other driver was not paying attention to the road and acting negligently at the time of the crash.

 

To ensure you have the necessary evidence to prove texting and driving is to blame for your Austin car accident case, contact one of our trusted Austin, TX texting and driving accident attorneys today to begin filing your claim.

Establishing Liability in Distracted Driving Cases

To hold a distracted driver accountable, four key elements must be proven:

  • Duty of Care: Every driver is obligated to operate their vehicle responsibly and avoid distractions.
  • Breach of Duty: Demonstrating that the driver engaged in a negligent act, such as texting while driving, establishes a breach of this duty.
  • Causation: A direct link must be shown between the driver’s distraction and the accident.
  • Damages: Victims must prove that the accident caused tangible or intangible losses, including medical bills, property damage, and emotional distress.

Texas applies a comparative negligence rule, which may adjust compensation if the injured party shares any fault for the accident. A knowledgeable attorney can help clarify how liability laws affect your case.

Recovering Damages in a Distracted Driving Accident

Victims of distracted driving accidents are entitled to seek compensation for both economic and non-economic damages.

  • Economic Damages: Include tangible losses such as medical expenses, lost wages, and property damage.
  • Non-Economic Damages: Cover intangible impacts such as pain and suffering, emotional distress, and loss of consortium.

Accurately assessing and calculating these damages often requires the expertise of legal and financial professionals.

Statistics and Awareness

The statistics on distracted driving are alarming. According to the NHTSA, distracted driving accidents result in over 400,000 injuries and 3,000 fatalities every year. Furthermore, a recent study found that nearly 50% of drivers admit to texting while driving, and over 70% of drivers report using their cell phones while driving. These numbers highlight the need for increased awareness and education about the dangers of distracted driving. Our law firm is committed to raising awareness about distracted driving and promoting safe driving practices. We offer free consultations and legal representation to victims of distracted driving accidents, and we are dedicated to helping them recover lost wages and other damages.

The Role of Insurance Companies

Insurance companies play a crucial role in the aftermath of a distracted driving accident. Victims of distracted driving accidents may be entitled to compensation for medical treatment, lost wages, and other damages. However, insurance companies may try to minimize or deny claims, making it essential for victims to have experienced legal representation. Our legal team has extensive experience dealing with insurance companies and can help victims of distracted driving accidents navigate the complex legal process. We are committed to fighting for the rights of distracted driving accident victims and ensuring they receive the compensation they deserve. By promoting safe driving practices and holding distracted drivers accountable, we can work together to prevent distracted driving accidents and save lives.

How an Attorney Can Help

Navigating a personal injury claim after a distracted driving accident can be overwhelming. Hiring a skilled attorney ensures your rights are protected and maximizes your chances of securing fair compensation. Here’s how they can help:

  • Investigating the Accident: Collecting evidence such as phone records, witness statements, and accident scene details.
  • Calculating Damages: Evaluating the full scope of your economic and non-economic losses with the help of experts.
  • Negotiating With Insurance Companies: Advocating for a fair settlement and countering low-ball offers.
  • Representing You in Court: Building a strong case and presenting it effectively if a trial becomes necessary.

A distracted driving accident attorney’s expertise helps maximize your chances of receiving the compensation you deserve.

Why Choose Byrd Davis Alden & Henrichson, LLP

With more than 60 years of experience in personal injury law, the attorneys at Byrd Davis Alden & Henrichson, LLP are committed to providing compassionate, personalized support for victims of distracted driving accidents. Our team investigates every detail of your case, exploring all avenues for compensation and standing firm against insurance companies. Whether through negotiation or litigation, we work tirelessly to achieve the justice you deserve.

If you’ve been injured by a distracted driver, don’t face this challenge alone. Contact us today at (512) 489-9477 or complete our contact form to schedule your free consultation and take the first step toward recovery.