We are often multitasking, trying to keep up with responsibilities. Even the best of us will find ourselves trying to multitask behind the wheel despite knowing it’s unsafe. Unfortunately, the second we look away from the road can have life-altering consequences. Distracted drivers may not have malicious intent, but their actions can cause a lot of pain and discomfort. As a result of another person’s actions, you may be left with serious injuries and financial burdens that you can’t address on your own. This is where a personal injury claim comes into play.
When the unexpected occurs, the consequences of distracted driving leave you struggling with the aftermath of a car accident. The seasoned Texas car accident lawyers at Byrd Davis Alden & Henrichson, LLP can help you navigate the complexities of a claim and obtain fair compensation. With a legacy spanning over six decades as Austin’s oldest personal injury law firm, we understand the intricacies of distracted driving claims and have successfully advocated for countless victims.
How to Prove Distracted Driving in Car Accident Claims
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Distracted driving has become a leading cause of car accidents, posing a significant threat to road safety. Distracted driving encompasses a range of activities that divert a driver’s attention away from the primary task of operating a vehicle. Common distractions include texting, talking on the phone, eating, adjusting the radio, and interacting with in-car infotainment systems. In Texas, texting while driving has been explicitly prohibited by law since 2017, making it a primary offense. However, other forms of distraction are not as easily regulated, making the evidence-gathering process crucial for establishing liability in a car accident claim.
Gathering Evidence to Prove Distracted Driving
Proving distracted driving requires a comprehensive collection of evidence that establishes a driver’s negligence. Key pieces of evidence include:
- Cell phone records: Obtaining the at-fault driver’s phone records can provide valuable insights. Records indicating texting or phone calls at the time of the accident can strongly support a distracted driving claim.
- Witness statements: Eyewitnesses who observed the at-fault driver engaging in distracting activities can provide critical testimony. Their statements can corroborate your version of events and strengthen your claim.
- Police report: Law enforcement reports may contain information about the at-fault driver’s behavior at the scene. It can be incredibly beneficial if an officer notes signs of distraction, such as admitting to phone use.
- Surveillance footage: If available, surveillance footage from nearby cameras can offer a visual record of the at-fault driver’s actions leading up to the accident.
- Expert testimony: Accident reconstruction experts or technology experts can provide professional opinions on the likelihood of distraction based on the circumstances of the accident.
In Texas, the comparative negligence rule applies, meaning that even if the plaintiff is partially at fault, they can still recover damages. However, proving distracted driving becomes more intricate when contributory factors are involved. A skilled car accident lawyer in Texas is crucial to effectively present the evidence, establish causation, and counter any arguments raised by the defense.
Work With an Experienced Car Accident Attorney Today
Looking away from the road for a moment can have serious consequences, and although we know this, it’s easy to make the mistake. However, these accidents can cause severe injury and huge financial strife. Fortunately, by filing a successful personal injury claim, you can recover fair compensation that helps get you back on your feet.
At Byrd Davis Alden & Henrichson, LLP, we don’t just understand the law; we understand your story. Our legacy of over six decades as Austin’s oldest personal injury law firm is built on the commitment to stand with those who seek justice. If you’ve been a victim of distracted driving, let us be the advocates you deserve. Your journey to healing and rightful compensation begins with a simple step—reach out to a car accident attorney from Byrd Davis Alden & Henrichson, LLP today. Schedule a consultation today by completing our contact form or by calling (512) 454-3751.