Distracted Driving
Distracted driving is anything that diverts a driver’s attention from the road. It includes phone calls, texting, using GPS devices, or even eating and drinking. Distracted driving, while thought to be harmless by some, has led to catastrophic motor vehicle accidents. According to the Texas Department of Transportation, distracted driving deaths in Texas have risen by 17%. Multi-tasking while behind the wheel has led even drivers with years of experience to cause severe crashes resulting in serious bodily injury and even death. Due to the rise in distracted driving, the Texas State legislature passed the Texas Distracted Driving Law, effectively banning texting while driving beginning September 1, 2017.
It is a common misconception that cell phone usage cannot be proven in a personal injury lawsuit resulting from a motor vehicle accident. An experienced Texas personal injury lawyer has many ways of showing that the at-fault driver was negligent due to cell phone usage. Cell phone records can be subpoenaed to show exactly when any phone calls or text messages were made. Due to advances in technology, attorneys can even retrieve data that shows if the phone was being used at all while the vehicle was in motion. Cell phone records that include this type of data are only available for a limited time, so it is imperative that you seek out legal counsel as soon as you are involved in a motor vehicle accident with a driver who may have been distracted.