Texting while Driving Accidents
In spite of an enormous nationwide campaign to reduce texting while driving, 31% of motorists in the U.S. between the ages of 18 and 64 reported that they read or sent a text message or email while driving at least once in the 30 days prior to being surveyed. Your chances of getting into a crash are increased 8-23 times if you are texting while driving, according to the National Safety Council. People who have been hurt in a car accident in the Dallas area because of this careless conduct can contact an attorney at Feizy Law Office to discuss their options and learn about their rights against a negligent driver.Hold a Careless Texas Driver Accountable for Texting Behind the Wheel
Texas does not have a statewide ban on texting while driving. However, some cities like Arlington have ordinances restricting the use of wireless devices. Under a graduated licensing system for teen drivers, teens are not permitted to text while driving. Even though this behavior is not illegal for most adults, a jury may find that texting while driving is a breach of a driver's duty to use reasonable care behind the wheel. Texting can result in a driver looking away from the road for the length of time it would take to drive an entire football field.
If texting while driving directly causes an accident, a victim will likely be able to pursue compensation for his or her costs and losses. The element of causation, sometimes known as proximate cause, simply means that a breach of duty is the legal cause of an injury. This means that the breach is closely connected to the accident. For example, if a driver is texting while driving and rear-ends another vehicle when there was enough time to stop, the texting is likely the proximate cause of the accident. However, if a driver is texting at a red light and then drives for several blocks without looking at her phone, texting while driving probably would not be considered the proximate cause of an accident that happens far away from the intersection where she was texting.
In a city like Arlington that has an ordinance against sending text messages while driving, it may be possible to establish negligence per se. This doctrine allows an inference of negligence when the defendant breaks a law or ordinance, the violation causes an accident, and the accident is of the type that the law or ordinance was designed to protect against.
What if both drivers were texting while driving? Texas follows a modified comparative negligence rule. This means that a victim who is 50% or less at fault for an accident likely will be able to recover from a negligent defendant up to the defendant's percentage of fault. However, if the plaintiff is 51% or more at fault, he or she will be responsible for his or her own damages.Contact a Motor Vehicle Collision Attorney in Dallas to Protect Your Rights
If you have been involved in a texting while driving accident, you may be able to recover economic and noneconomic damages to compensate you for your losses. Often, insurers and defense attorneys try to shift blame to the plaintiff in order to avoid paying the full amount of compensation that a victim is owed. However, representation from a knowledgeable injury lawyer can help Dallas residents vigorously pursue any parties responsible for causing their harm. Call Feizy Law Office at (214) 651-8686 or contact us for a free consultation via our online form. We also represent accident victims in other cities throughout Texas, including Arlington, Garland, Irving, Plano, and Fort Worth.