Distracted Driving Car Accident Lawyers

There has only been a large focus on distracted driving in the last two decades. Numerous public awareness campaigns warn drivers of the dangers of texting and driving. These campaigns often do not focus on other dangerous behaviors that can take away the driver’s attention. Either way, the public relations, and even tough laws, do not seem to be working. The number of distracted driving fatalities has increased in recent years, and motorists are more distracted than ever.

You may be entitled to financial compensation if you have been injured in an accident that involves distracted driving. An experienced attorney can work to get you the most possible money. Reach out to the tough car accident lawyers at Nix Patterson to learn more about your legal rights.

Statistics About Distracted Driving

According to the National Highway Transportation Safety Administration, 3308 people lost their lives in crashes that involved distracted driving in 2022. This amounts to roughly 8% of car accident fatalities in the United States. Over 300,000 motorists and their passengers are injured each year in accidents that involve distracted driving.

According to the Cambridge Mobile Telematics report on distracted driving, the average number of distracted driving minutes per hour has increased since the end of the pandemic. Drivers spend, on average, two minutes of each hour focused on something else other than the road. The problem gets worse when there are more activities for drivers to consider.

Nearly half of drivers admit to sending or reading a text when they are behind the wheel. This proportion just represents the drivers who admit to doing something wrong. Many more will not fess up about their behavior to a surveyor because they are embarrassed. In addition, 40% of drivers confess to using an app on their phones when they are operating a car.

The problem of distracted driving is much worse among teenagers. They are more likely to engage in dangerous behaviors, such as texting and driving or distracting conversations with passengers in the car.

Texas Law on Distracted Driving

Texas only recently enacted a statewide ban on texting while driving. As of September 1, 2023, sending or reading texts when behind the wheel is illegal throughout the state. Some cities or counties may have their own laws that are stricter and prohibit the use of handheld mobile devices when driving.

Motorists are subject to fines if they are pulled over for texting when driving. The amount of fines depends on the number of offenses it is for the driver. If the motorist is involved in an accident where someone is seriously injured or killed while they were texting, they may even be sentenced to up to a year in jail.

Types of Distracted Driving by Car Drivers

Drivers have been doing other things behind the wheel when driving since practically the beginning of cars. The problem has gotten far worse since the turn of the century when the smartphone was invented. Now, motorists have the ability to send texts and check the internet when they are driving. The mobile phone has taken an already serious problem and moved it to an epidemic level.

Motorists may do other things that could distract them behind the wheel, including:

• Engaging in conversation with passengers
• Fiddling with the screen on their in-car infotainment system
• Eating or drinking
• Listening to loud music
• Thinking about things other than driving

With more things to compete for the driver’s attention, fewer motorists are paying enough attention to the road. The result is an overall spike in the number of serious motor vehicle accidents.

Why Is Distracted Driving So Dangerous?

Distracted driving accidents often result in more serious injuries. These crashes frequently occur at higher speeds. In the time that it takes to text, a car traveling at 55 miles per hour can traverse the length of an entire football field. Further, other drivers are not able to take evasive action because they are not able to anticipate what a driver may do when distracted.

Not being focused on the road can also cause a driver to miss their cue to brake.  There may be a car in front that the driver does not see stopped or traveling more slowly. Then, the distracted driver would cause a rear-end car accident, which could potentially result in whiplash for the driver of the front car and their passengers.

Further, distracted driving may also result in sideswipe accidents because motorists do not check their blind spots before changing lanes. A motorist may make a turn or change lanes without a proper signal or checking to see if there is a car in their path.

Distracted driving does not end when the driver’s eyes return to the road. It may take them several seconds to refocus their attention after they look up from their phone or finish performing the other activity. At that time, their mind could be occupied with what they saw or did. A study in the Journal of Experimental Psychology: Applied found that a driver’s attention was depleted for up to a half minute after they engaged in a task that distracted them. In other words, the driver does not actively have to be engaged in a distraction to be a danger to others on the road.

Liability for a Distracted Driving Crash

The rules of liability are the same in any type of car accident. The driver who was negligent and caused the accident would be the one responsible for compensating the other for their injuries. Distracted driving does not automatically mean that the driver was negligent. You would still need to prove that they did something, such as an illegal lane change or failure to check their blind spot, to cause the accident.

The fact that the driver was distracted could affect the determination of who was at fault for the accident. You may have been involved in a crash where liability is a close call, and each driver is telling a different story. Proving that the driver was distracted could tip the scales in your favor when the insurance companies determine who was to blame or when you file a lawsuit in court.

How Can You Determine Distracted Car Driving?

There are several ways that you can prove that the other driver was distracted. Perhaps the easiest way to persuade an insurance company or jury of this conclusion is by presenting witness testimony from people who saw the actions of the driver at the time of the accident. Distracted driving may also be inferred from the circumstances. For example, if the motorist was driving erratically and veering out of their lane without explanation, it could be a sign of distracted driving.

In some cases, you may need to physically prove distraction from other types of records. If you claim that the driver was using their mobile device at the time of the accident, you may need to obtain cell phone records from their carrier. Of course, the carrier is not simply going to give you these records because they are obligated to protect their policyholder’s privacy. Your attorney would need to send a subpoena through the court system, and the carrier would need to provide the records. Cell phone records may show that the driver was reading or sending a text or that they were using the internet at the time of the accident.

Comparative Negligence in a Distracted Driving Car Accident

Even if the other driver was distracted, the insurance company may still try to blame you in part for the accident. Texas law reduces the amount of compensation that you would receive by the percentage that you were to blame for the accident. If you were more than 51% to blame for the accident, you would be barred entirely from receiving damages. The insurance company may claim that you were doing something wrong yourself, such as speeding.

Alternatively, you may be accused of distracted driving in an accident, even when the other driver was at fault. Similarly, the insurance company may try to assign a percentage of blame to you to reduce your compensation. Your car accident lawyer may need to defend you from any allegations that are made against you.

Damages in a Distracted Driving Accident Claim

There is no such thing as an average settlement for a distracted driving case. The amount of money you get depends both on your injuries and the amount of insurance coverage you have. If the other driver did not have enough insurance, you would then file a claim against your underinsured motorist coverage, and your own insurance company would make up the balance.

Your distracted driving damages can include the following:

• Medical expenses
• Property damage
• Lost wages
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring and disfigurement

The only way to truly know how much your injuries warrant in compensation is to contact an experienced car accident lawyer. They understand concepts such as future damages and how much your pain and suffering may be worth.

The Legal Process for Financial Compensation After a Distracted Driving Accident

Typically, you would file a claim against the insurance policy of the responsible driver. Their insurance company would review your claim and determine whether to accept liability. If they do, they will make you a settlement offer to resolve your claim. You can expect this settlement offer to have little basis in reality and a lot of basis in the insurance company’s own Financial self-interest. Your car accident attorney will negotiate on your behalf, and the insurance company would likely eventually raise their settlement offer to an amount that is more aligned with your actual damages. You may gain more leverage in settlement negotiations when you have evidence that the driver was actually distracted.

You also have the legal right to file a lawsuit against the responsible driver in court. You would also see the insurance company there because they provide the defense attorney who represents the driver. Car accident trials are relatively rare, but they may be necessary when the insurance company simply will not budge in settlement negotiations. Insurance companies may be even more hesitant to go to trial when there is persuasive evidence that their driver was distracted.

Contact a Distracted Driving Car Accident Lawyer at Nix Patterson Today

Contact the experienced attorneys at Nix Patterson today to discuss a potential claim after you have been hurt in a car accident. You can call us today at 512-328-5333 to schedule a free initial consultation, or reach out to us online. Our car accident lawyers will immediately get to work on the details of your claim and protect you when the insurance company tries to abuse its own power. There is no fee to talk to a lawyer, and an attorney is not paid anything at all until the point where you win your case.