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While many people take the threat of drunk driving seriously, distracted driving is not always regarded with the same level of seriousness. In fact, you don’t need to look very far on the road to spot other drivers using their cellphones while driving. That’s a shame because, in 2021, distracted drivers were responsible for one in five auto accidents on Texas roads.
Sharing the road with distracted motorists is dangerous. If you or a loved one has been injured in a car crash caused by a distracted driver, an experienced Dallas distracted driving lawyer at Crain Brogdon, LLP can explain your legal options, answer all your questions, and help you obtain the compensation you deserve.
Crain Brogdon, LLP understands the intricacies of state and federal law concerning personal injury cases. Over the last 20 years, Crain Brogdon, LLP has been helping personal injury victims get back on their feet after some of the most tragic and horrendous car accident cases. We bring that experience and knowledge to help you and your loved ones obtain the compensation you are entitled to.
Any time a driver takes their attention away from driving and the road ahead, that’s considered distracted driving. Distractions can vary, ranging from texting and talking on a cellphone to eating, reading, watching a video, adjusting the playlist, or even programming a vehicle’s navigation system.
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Distracted driving in Dallas can take a variety of forms. In fact, it encompasses any activity that prevents a driver from paying full attention to the road. There are three primary types of driver distractions.
Visual distractions cause motorists to look elsewhere, taking their eyes off the road. Visual distractions include (but are not limited to):
Anything that requires the driver to take their hands off the steering wheel qualifies as a manual distraction. Examples of manual distractions include:
Often referred to as “daydreaming” or being “lost in thought,” a cognitive distraction is anything that takes the driver’s focus away from their driving. Family disputes, reading texts, and financial problems are examples of cognitive distractions that can leave a driver daydreaming and at risk of causing distracted driving accidents.
Texting while driving or any other form of distracted driving can lead to fatal consequences in a matter of seconds.
To help illustrate the gravity of the problem, let’s review relevant distracted driving facts and statistics.
The Dallas distracted driving lawyers at Crain Brogdon, LLP have a comprehensive understanding of the consequences created when a driver is distracted while driving. We realize that to stay safe, all drivers must keep their focus on the task of driving or risk causing serious crashes. So how does Texas handle cases of distracted driving? More seriously than you might imagine, and we can help.
Texas has its own unique rules about what motorists can and cannot do while behind the wheel. While there are several laws on the books relating to distracted driving, Texas has not passed a blanket ban on using a cellphone while driving; however, several individual city ordinances throughout Texas do ban all cellphone use while driving.
For this reason, it’s imperative that all drivers get familiar with Texas’s texting and driving laws and those of any local jurisdictions they may pass through.
Here’s a breakdown of Texas’s distracted driving laws:
The loopholes in distracted driving laws and ordinances across Texas can create confusion and get in the way of the overall goal of deterring texting while driving. Besides, the law’s permissiveness regarding non-messaging-related uses of cellphones makes real-world enforcement challenging and inconsistent.
At Crain Brogdon, LLP, it is our job to help you understand the different distracted driving laws in Texas while searching for evidence of lawbreaking or fault, including signs of distracted driving.
Using a cellphone while operating a car is not a crime in Texas; however, texting while driving is! Suppose a driver was texting while driving and caused a distracted driving accident in Dallas or anywhere in Texas. In that case, the driver might face criminal charges for causing the accident. The driver may also owe you compensation under Texas civil liability rules.
A prosecutor will not file a distracted driving civil claim for you. It’s up to you to hold the distracted motorist civilly responsible for your Dallas car accident. Turn to the skilled, compassionate, and experienced Dallas distracted driving accident attorneys at Crain Brogdon, LLP to assist you in filing a civil claim before the deadline. That way, you can fight for fair compensation from the distracted driver. Learn more during a free consultation.
Often, in any car accident in Dallas, TX, the odds are somewhat high that the driver responsible for the crash was distracted at the time of the crash. But speculation and suspicion are not enough. You must use clear and convincing evidence to prove distracted driving to qualify for monetary compensation from the at-fault driver’s insurance company.
But how do you prove that your Dallas car accident was caused by distracted driving? Here is an overview of some of the evidence you can use to prove distracted driving.
Suppose anyone saw the at-fault driver engaging in distracting conduct before, during, or immediately after a crash. In that case, you can get their signed eyewitness statement and use it as evidence of distracted driving. If possible, speak to eyewitnesses at the accident scene before you leave and get their contact information to collect statements later.
In Dallas, you are legally required to report an auto accident involving property damage in excess of $1,000, injuries, or wrongful death. Police officers who arrive at the scene will prepare a police report. If there’s evidence that the other driver was distracted in any way, the police can document this evidence and capture scene photographs. You can obtain a copy of your Dallas car accident report and use it as evidence against the distracted driver.
Many people underestimate the importance of surveillance footage. However, photos or videos you take at the scene of the accident and surveillance footage from intersection cameras or surveillance cameras at nearby businesses could show the other driver’s distracted behavior when the crash occurred.
Accident reconstruction experts use physical evidence from an accident scene and other sources of information to recreate a wreck. For example, a crash reconstruction may prove distracted driving by demonstrating the at-fault driver did not hit the brakes or swerve prior to the crash, pointing to the fact that the driver’s attention was on something other than the road ahead.
Texting while operating a motor vehicle is the most dangerous form of driver distraction, because it encompasses all three types of distraction: manual, cognitive, and visual. Unfortunately, the vast majority of distracted driving accidents in Dallas are caused by texting while behind the wheel. Subpoenaing the at-fault driver’s cellphone records could provide crucial evidence that they were texting or using their cellphone in some other manner in the minutes leading up to your accident.
Collecting evidence to build a compelling distracted driving claim is something a Dallas distracted driving accident lawyer can help you with. Working with an attorney from the beginning of your case can make it easier for your distracted driving lawyer in Dallas to preserve and present evidence against a distracted driver. For more information about proving a driver was distracted while driving, contact Crain Brogdon, LLP.
All drivers in Dallas — no matter their level of experience, age, or skills behind the wheel — owe a basic duty of care to other road users not to engage in unreasonably dangerous conduct that risks causing accidents.
In Texas, distracted driving is considered unreasonably dangerous behavior and can lead to liability for at-fault drivers. In other words, victims of a crash caused by any form of distracted driving — not just texting while operating a motor vehicle — may have a right to file a claim and lawsuit for damages.
By taking legal action to seek financial compensation after a distracted driving accident in Dallas, victims may receive compensation for the following:
When you’re hurt in a distracted driving accident in Dallas, the fallout can have a lasting impact on your life and finances. Severe injuries may keep you in the hospital and out of work for weeks or months, with medical bills piling up.
If the accident was due to another driver’s distracted driving, you could be entitled to compensation for the costs related to your injuries. Sadly, getting the money you need and deserve won’t necessarily be easy.
At Crain Brogdon, LLP, we know you just want to get back on your feet and end the financial, emotional, and physical pain you’ve endured. As a catastrophic injury law firm, we consistently prove our dedication to legal excellence through our unparalleled knowledge of Texas personal injury laws and the Texas civil court system. Our reputation and legacy hinge on our experience and success. That’s why you need Crain Brogdon, LLP in your corner when filing a personal injury claim.
What sets our distracted driving accident attorneys in Dallas apart from the rest?
Being suddenly injured due to the negligence of a distracted driver is a distressing and overwhelming situation that no one should have to face alone.
The Dallas distracted driving attorneys at Crain Brogdon, LLP are here for you, ready to identify your best legal options and take the proper steps toward obtaining the compensation you deserve.
Accidents involving distracted driving have specific laws and nuances unique to them. A quick review of these issues, proving the other driver’s fault, assessing the severity of your injuries, and aggressive representation are the services you can expect when you retain our Dallas catastrophic injury lawyers at Crain Brogdon, LLP.
Strategic, resourceful, and tenacious, our distracted driving accident lawyers have the knowledge and years of experience necessary to provide you with the skilled representation you need when dealing with insurance companies following any type of car accident. Our legal team is also familiar with the most recent legal changes regarding distracted driving in Texas.
Call (214) 522-9404 to schedule a free consultation with a team of experienced and dedicated Dallas distracted driving accident attorneys. We are available 24/7!
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]