Being distracted behind the wheel in any way significantly increases the risk that you will end up involved in a traffic accident. Fortunately, most drivers in Texas know better than to let themselves be distracted by their phones while driving—but unfortunately, those who do not cause far too many crashes resulting in numerous serious injuries every single year.
If a texting while driving car accident in Houston left you with any physical, financial, or personal losses, speak with seasoned legal counsel at Roberts Markland LLP about a possible lawsuit or settlement demand. Proving someone else was negligent in this specific way can often be more complicated in practice than it should be in theory, and assistance from an experienced auto collision attorney could be vital to a successful case outcome.
In the state of Texas, it is against the law for any driver of any age to write, send, or receive text messages through any electronic communications device while operating a moving motor vehicle. Furthermore, no driver under 18 years old—and no driver operating a bus with children aboard—may use any such device for any purpose while driving. Additionally, drivers with learner’s permits are prohibited from using a cell phone behind the wheel for any purpose for their first six months. Currently, though, state law does not prohibit adults from texting while their running vehicle is not moving, or from using cell phones for other purposes while in motion.
It is important to understand how state law addresses this particular action, because it can be crucial to proactively seeking civil compensation after a texting while driving car crash in Houston. Since every driver has a legal duty to follow traffic regulations at all times, a citation for texting while driving given by a responding police officer to someone involved in a traffic wreck could be strong evidence indicating that they were legally negligent and therefore civilly at fault for the incident.
While anyone who breaks the law by texting behind the wheel would likely be considered liable for any accident they were involved in immediately afterwards, they may not be exclusively to blame in every situation. Even if someone else was texting behind the wheel prior to a Houston car accident, someone else involved may be found partially responsible for their own injuries if they too were negligent in some way—for example, because they committed a traffic violation themselves.
Under Texas Civil Practice & Remedies Code §33.001, no person who bears the majority of total fault for causing or worsening their own injuries is eligible to recover any compensation through an ensuing civil claim. Furthermore, under Tex. Civ. Prac. & Rem. Code §33.012, any lesser percentage of blame assigned to an injured person by a court could be held against them as a proportionate reduction in whatever damage award they ultimately receive.
Texting while driving is an immensely irresponsible act, and it can be the basis for substantial civil recovery if it is the reason someone else caused a traffic crash that left you injured. Without support from dedicated legal representation, though, you may have a difficult time recovering for the full value of your accident-related losses.
A skilled motor vehicle crash attorney’s help often makes all the difference when it comes to getting positive case results following texting while driving car accidents in Houston. Call Roberts Markland LLP today to set up an initial consultation.