When distracted drivers cause car crashes, the injuries are often very severe, and victims should be entitled to sue. However, these cases are often more complex than you might think.
Proving a driver was distracted is not always simple, and it might not be the main focus if there are simpler violations we can point to. However, proving dangerous activities like texting while driving can potentially help victims claim punitive damages. In any case, evidence like phone records to prove texting while driving might not be as helpful as you might think.
For a free case review, call the Texas car accident lawyers at Cap City Injury Attorneys today at (512) 612-3110.
How to File a Distracted Driving Accident Claim
The following are the steps and stages of a personal injury case for a distracted driving accident:
- Get medical care
- Collect evidence and records to prove what happened and what damages you suffered
- Call a lawyer to get legal advice
- Your lawyer files an insurance claim and negotiates for a settlement
- If a fair settlement cannot be reached, your lawyer files the claim in court
- The judge deals with motions and evidence questions
- Additional evidence is exchanged in discovery
- If settlement cannot be reached, the case goes to trial before a jury.
What to Do After a Distracted Driving Accident in Texas
After an accident, make sure to take the following steps:
- Call 911 to report the accident and call for an ambulance.
- Get medical attention and follow the doctor’s recommendations for treatment.
- If you can, collect evidence at the scene, such as the other driver’s contact info, witness contact info, the make/model/license plate numbers of each car, and notes about weather, lighting, and road conditions.
- Call a lawyer to help collect evidence and negotiate with insurance.
- File an insurance claim with the help of your lawyer.
- If the case cannot be settled, file a lawsuit to recover damages.
Elements of a Distracted Driving Lawsuit
Most distracted driving accident claims are based on “negligence.” This legal framework has four elements the victim needs to prove:
- Duty – The driver owed you a legal duty.
- Breach – The driver breached that duty through their distracted driving.
- Causation – That breach caused the accident.
- Damages – You suffered damages from the accident.
If you cannot prove any of these elements, you cannot win your case.
However, you can point to other violations if you cannot prove distracted driving. For example, if they hit you after running a red light (potentially because they were texting), the fact that they ran a red light is sufficient to prove a breach of duty.
Is Texting While Driving Illegal in Texas?
One of the biggest causes of distracted driving is cellphone use while driving – especially texting while driving. Texting while driving is illegal in most cases in Texas, though there are some exceptions for emergencies and for hands-free texting.
Proving Texting While Driving
You usually need evidence that a driver actually had their cell phone in their hand to claim they were texting and driving. This can be based on your own testimony.
Problems
However, the current texting while driving law does also allow drivers to touch their cell phone for some legal reasons, such as activating GPS/navigation or playing music. This makes it hard to prove that, when the driver was touching their phone, they were breaking the law.
Negligence
Even if what the driver was doing was technically legal under the texting while driving statute, if we can show that it was still unreasonable given the circumstances, it can still be grounds to sue them.
Do You Need Phone Records to Prove Texting While Driving?
To prove that someone was texting while driving, you would usually need evidence that they were actually handling their phone. Phone records alone might not be enough.
Problems with Phone Records
If you have evidence that someone sent a text at or around the time of the accident, this should prove they had their eyes and hands on their phone instead of driving, right? Not necessarily.
The following complications make phone records weak evidence, even if an outbound text aligns with the time of the crash:
- Hands-free and voice-operated texting is legal in most cases.
- Some emergency situations allow texting while driving, even without a hands-free device.
- Someone else in the car might have typed and sent the text.
- The text might not appear on phone records if it was sent through iMessage, WhatsApp, or other internet-based messaging services (as opposed to SMS).
Additional Evidence Needed
The following evidence can be helpful – on top of phone or messaging records – to help prove the defendant was texting while driving:
- You or another witness actually saw the driver with their phone in their hand, looking down.
- The victim admitted to texting while driving, either out loud or in their text logs.
- The defendant was caught on video texting while driving.
FAQs for Distracted Driving Accidents in Texas
Does Insurance Cover Distracted Driving?
As a victim, you can seek compensation from the at-fault driver’s insurance as long as they did not crash into you intentionally. Distracted driving is still usually covered.
Do I Use My Insurance or the Defendant’s?
If you sue someone for their distracted driving, their insurance typically pays. However, you might have additional coverage on your policy that can help cover things like medical bills, vehicle repairs, and cases where the other driver’s insurance is too low.
How Long Do I Have to File My Claim?
Texas car accident claims have a 2-year statute of limitations.
Do I Need a Lawyer?
You should not rely on your insurance to handle your case for you. Instead, work with a lawyer who can help you collect evidence, advise you on how much your case is worth, negotiate with insurance, and even take the case to trial if needed.
What Damages Can I Claim?
Distracted driving accidents can pay for…
- Medical bills
- Lost wages
- Pain and suffering
- Mental anguish
- Exemplary or punitive damages.
Call Our Texas Car Accident Lawyers Today
For a free review of your potential case, reach out to the Austin, TX car accident lawyers at Cap City Injury Attorneys at (512) 612-3110.