What This Page Covers
- Severe Impact: Distracted driving accidents can cause life-altering injuries, leading to medical expenses, lost wages, and emotional trauma.
- Proving Liability: Establishing fault requires proving that the driver breached their duty of care by being distracted and causing the accident.
- Damages: Victims may recover both economic (medical bills, lost wages) and non-economic damages (pain and suffering, emotional distress).
- Byrd Davis Alden & Henrichson, LLP: With over 60 years of experience, we help victims of distracted driving accidents secure fair compensation.
Distracted Driving Accidents
A split-second glance at a phone can change everything. Distracted driving accidents in Austin leave victims facing devastating injuries, mounting medical expenses, and complex legal battles for fair compensation. Whether caused by texting behind the wheel, eating, or adjusting a navigation system, these preventable crashes result from a driver’s failure to maintain proper attention to the road.
At Byrd Davis Alden & Henrichson, LLP, we’ve represented victims of Austin distracted driving accidents for over 65 years. Our personal injury attorneys understand how to build strong cases that hold negligent drivers accountable and secure the compensation you deserve.
Understanding Distracted Driving Accidents in Texas
Distracted driving causes thousands of car accidents across Texas every year. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving accidents claim over 3,000 lives annually nationwide. These crashes occur when drivers engage in cognitive, manual, or visual distractions that divert attention from safe vehicle operation.
Texting while driving remains particularly dangerous because it combines all three distraction types simultaneously. Cognitive distractions include talking on the phone or using social media, which divert mental focus from driving. Manual distractions require taking hands off the wheel, such as eating or adjusting controls. Visual distractions involve taking eyes off the road, like looking at billboards or cell phones.
Texas Laws Prohibiting Distracted Driving
Texting while driving is illegal throughout Texas. Drivers who violate this law and cause accidents can be held liable for resulting injuries and damages. Texas law allows victims to pursue compensation through personal injury claims when negligent drivers cause harm.
Understanding your rights after a distracted driving accident is essential for pursuing justice and recovering damages. An experienced attorney can navigate Texas comparative negligence rules and build a case demonstrating the at-fault driver’s responsibility.
Proving the Driver Was Distracted
Establishing that the other driver was texting and driving requires thorough investigation and compelling evidence. Our legal team conducts comprehensive investigations to gather critical evidence supporting your claim.
Key Evidence in Distracted Driving Cases
Multiple forms of evidence can demonstrate distracted driving:
- Phone records: subpoenas obtain the at-fault driver’s phone records showing calls, texts, or app usage at the crash time.
- Witness testimony: statements from pedestrians, other drivers, or passengers who saw the distraction occur.
- Accident reports: official law enforcement documentation detailing the circumstances and initial findings.
- Security footage: video from nearby businesses or traffic cameras capturing the driver’s behavior.
- Accident reconstruction: analysis by specialists demonstrating inattention and negligence.
This evidence builds a comprehensive case proving the driver’s negligence caused your injuries.
Establishing Liability and Negligence
To hold a distracted driver accountable, four elements must be proven. First, every driver has a duty of care to operate their vehicle responsibly and avoid distractions. Second, demonstrating the driver engaged in texting or another distraction establishes a breach of this duty.
Third, causation must connect the driver’s distraction directly to the accident. Fourth, victims must prove the accident caused tangible losses including medical bills, lost wages, and pain and suffering. Texas applies a comparative negligence rule, which may reduce compensation if the injured party shares any fault.
Recovering Compensation for Your Injuries
Victims of distracted driving accidents may recover both economic and non-economic damages. Economic damages include medical expenses, future treatment costs, lost wages, reduced earning capacity, and property damage. Non-economic damages address pain and suffering, emotional distress, and loss of enjoyment of life.
Accurately calculating these damages often requires working with medical professionals, financial analysts, and experienced personal injury attorneys who understand Texas law.
The Reality of Distracted Driving Statistics
The statistics are alarming. According to the NHTSA, distracted driving accidents result in over 400,000 injuries annually. Recent studies show nearly 50% of drivers admit to texting while driving, and over 70% report using cell phones behind the wheel. These numbers highlight why Texas enacted strict distracted driving laws and why holding negligent drivers accountable remains crucial for public safety.
Dealing With Insurance Companies After Your Accident
Insurance companies often minimize or deny valid claims following distracted driving accidents. Adjusters may contact you shortly after the crash hoping to secure a quick, low settlement before you understand the full extent of your injuries. Having legal representation from the start protects your rights and ensures fair compensation for medical treatment, lost wages, and other damages.
Our attorneys have extensive experience negotiating with insurance companies and fighting for maximum recovery in Austin distracted driving cases.
How an Attorney Strengthens Your Case
Navigating a personal injury claim after a distracted driving accident can be overwhelming. Hiring an attorney protects your rights and maximizes your chances of securing fair compensation. Your attorney will investigate the accident by collecting phone records, witness statements, and accident scene details.
They’ll calculate damages by evaluating the full scope of your economic and non-economic losses. They’ll negotiate with insurance companies, advocating for fair settlements and countering lowball offers. If necessary, they’ll represent you in court, building a strong case and presenting it effectively at trial.
Contact Byrd Davis Alden & Henrichson, LLP
With more than 65 years of experience representing victims of car accidents, the attorneys at Byrd Davis Alden & Henrichson, LLP provide dedicated support for victims of distracted driving accidents. We investigate every detail of your case, explore all avenues for compensation, and stand firm against insurance companies.
If you’ve been injured by a distracted driver, contact us today at (512) 489-9477 or complete our contact form to schedule your free consultation and begin pursuing the justice you deserve.
Frequently Asked Questions About Distracted Driving Accidents
What Are the Three Types of Distracted Driving?
Distracted driving encompasses three main categories: cognitive, manual, and visual distractions. Cognitive distractions include talking on the phone or engaging with social media, which divert mental attention from driving. Manual distractions require taking hands off the wheel, such as eating, adjusting controls, or texting. Visual distractions involve taking eyes off the road, like looking at a cell phone or billboards. Texting while driving is particularly dangerous as it combines all three types of distractions simultaneously.
How Can You Prove the Other Driver Was Texting?
Your attorney can gather multiple forms of evidence to prove texting and driving. They can obtain a subpoena for the at-fault driver’s phone records, which provides strong documentation of phone activity at the time of the crash. Additional evidence includes witness testimony from people who saw the driver using their phone, the official accident report, security camera footage from nearby businesses, and accident reconstruction analysis. These combined pieces of evidence create a comprehensive picture demonstrating the driver’s negligence and distracted behavior.
Is Texting While Driving Illegal in Texas?
Yes, texting while driving is illegal throughout Texas. Despite this prohibition, texting remains one of the most common causes of car accidents in Austin and across the state. Drivers who violate this law and cause accidents can be held liable for resulting injuries and damages. This violation strengthens your personal injury claim because it demonstrates clear negligence and breach of duty of care. An experienced attorney can use this legal violation as a foundation for building your case.
What Compensation Can I Receive After a Distracted Driving Accident?
Victims can pursue both economic and non-economic damages following a distracted driving accident. Economic damages cover tangible financial losses including medical expenses, future medical treatment, lost wages, reduced earning capacity, and property damage. Non-economic damages address intangible impacts such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. The total compensation depends on injury severity, treatment duration, and the accident’s impact on your daily life and future wellbeing.
How Does Texas Comparative Negligence Affect My Case?
Texas applies a comparative negligence rule, meaning your compensation may be reduced if you share any fault for the accident. If you’re found partially responsible, your recovery will be decreased by your percentage of fault. However, you can still recover damages as long as you’re not more than 50% at fault. An experienced attorney will work to minimize any assigned fault and maximize your compensation by demonstrating the other driver’s primary responsibility through evidence of their distracted driving behavior.