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August 12, 2021 by Greg
Texting while driving is against the law in Texas and is a leading cause of many accidents. Yet, people continue to habitually text on their cell phones while driving on the roads. Proving that the other driver was texting in an accident in Houston can be challenging for law enforcement or a Houston car accident attorney.
Some think there is no harm in typing a quick “Driving, can’t text” or “Give me a sec.” But the reality is that in the five seconds that your eyes are off the road and focused on what you are typing. Your vehicle could have traveled the length of a football field without you paying attention.
Yes, texting is dangerous while driving. The results can and often are deadly. While this extremely dangerous practice of texting and driving is against the law in Texas and most states, it may be one of the hardest offenses to prove.
Driving under the influence can easily be detected through smell or a breathalyzer test, but proving someone was texting and driving at the time of an accident that may have caused you injury is difficult to prove.
However, it’s not impossible, and with an extensive accident investigation, it can be proven that texting can be a contributing factor.
If eyewitnesses or police officers aren’t on the scene of the accident, hiring an attorney is the next wise move if you suspect the at-fault driver was texting at the time of the accident.
Consulting or hiring a personal injury attorney to protect your rights and interests is always the best practice in all accidents. Still, it’s especially important when you suspect texting while driving was involved in an accident.
An attorney can obtain a subpoena for the driver’s phone records, which will include a timestamp of all calls and text messages on the party’s phone.
Always remember that if you have been hurt or injured in a car accident caused by another driver, you must obtain any evidence to help you prove your case. That means gathering eyewitness statements, accident reports, and, most importantly, obtaining cell phone records. Your right is to request and review evidence proving the person was texting while driving.
The latter may be challenging for an ordinary citizen, but for a lawyer, obtaining cell phone records can be accomplished by requesting them from the defendant in written discovery or by issuing a subpoena.
Defense attorneys usually fight to keep secret cell phone records. The reason is that an experienced personal injury attorney in Houston may be able to prove other distractions that contributed to the other driver’s negligence. Smartphones are now used for directions, news, games, and many other uses that take a driver’s eyes off the road.
In some instances, a careful study of the data records can show cell phone use other than texting around the time of your accident. Such evidence can be used to prove negligence.
After a car collision, one driver may say something helpful to prove fault. This can be something as simple as “I am sorry I was looking at my phone.” Or “I was on the phone and not paying attention.”
If the other driver made a similar comment to you, that generally is an admission that you can repeat at trial to show the other driver’s conduct as an admission against interest or present sense impression.
It’s against the law to text and drive in most states in the country. Texas became the 47th state to ban texting and driving when House Bill 62 became law on September 1, 2017.
Still, law enforcement in this state and all others has been slow to crack down on texting while driving. Nearly 30 percent of all car accidents in Texas involve someone texting or talking on their cell phones while driving.
Texting while driving significantly increases your risk of being involved in an accident. The real dangers of texting and driving are shocking. Texting is just a form of distracted driving.
Read More: Understanding the Rules for Truckers Using Cell Phones
In this country, over 1,000 people are injured daily because of distracted drivers. The National Highway Traffic Safety Administration says texting and driving can be more dangerous than driving with a .08 BAC. We all know how dangerous a drunk driver can be.
Call an auto accident attorney in Houston for a free consultation if you were hurt in an accident with a texting driver. Our personal injury law firm in Harris County, Texas, has held negligent drivers responsible for over three decades! Contact us for a free case review.
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Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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