Austin Distracted Driving Accident Attorney
Distracted driving is among the leading causes of car accidents in Austin and throughout the country. While distracted driving comes in many forms, phones are the top culprits for distraction. Texting and driving is an epidemic and one of the most dangerous forms of distracted driving.
The Austin distracted driving lawyers at Loewy Law Firm understand how devastating an accident caused by the negligence and recklessness of another driver can be. If you have suffered injuries due to a distracted driver, we can help you seek full and fair compensation for your injuries. We can launch an in-depth investigation to determine whether distracted driving was a contributing factor to the car accident. We will also take steps to preserve evidence and identify all the liable parties.
In Texas, when a motorist is texting and driving, they are purposefully acting in a manner that demonstrates negligence. If the driver who caused your accident was texting and driving or distracted in another way, they should be held accountable for their negligence.
Call Loewy Law Firm now for a free initial consultation with an Austin personal injury lawyer. We’ll listen to your story and help you understand your legal options.
Distracted Driving Statistics in Texas
Distracted driving accounted for nearly one in six crashes in Texas in 2023, resulting in 399 fatalities and 2,793 serious injuries. Young drivers were involved in a significant portion of these crashes. Common distractions, including texting, eating, and interacting with in-car systems, remain leading contributors to these incidents.
Over the past decade, between 2013 and 2022, distracted driving caused 4,197 fatalities in Texas. These deaths are categorized by contributing factors as follows:
| Contributing Factor | Fatalities |
|---|---|
| Driver Inattention | 2,969 |
| Distraction in Vehicle | 665 |
| Cell/Mobile Device Use – Other | 155 |
| Cell/Mobile Device Use – Talking | 127 |
| Cell/Mobile Device Use – Texting | 122 |
| Cell/Mobile Device Use – Unknown | 109 |
| Cell/Mobile Phone Use | 50 |
In Austin specifically, the trend of serious injuries and fatalities caused by distracted driving has varied over the years:
| Year | Serious Injury or Fatal Crashes |
|---|---|
| 2016 | 361 |
| 2017 | 340 |
| 2018 | 328 |
| 2019 | 335 |
| 2020 | 268 |
| 2021 | 347 |
| 2022 | 408 |
The data shows a concerning rise in serious crashes in 2022, marking the highest number recorded over this period. This sharp increase highlights the ongoing dangers posed by distracted driving, particularly as daily distractions like cell phone use remain prevalent.
If you or someone you love has been injured in a distracted driving accident, the experienced Austin car accident attorneys at Loewy Law Firm are here to help. We are committed to holding negligent drivers accountable and securing the compensation you need to rebuild your life. Contact us today for a free consultation.
Compensation for Distracted Driving Accidents
When a distracted driver causes a car accident, they can and should be held accountable for the harm and resulting damage to property. If you’ve been hurt, you might be eligible to seek compensation for:
- Medical expenses (past and future)
- Lost wages
- Lost earning capacity
- Pain and suffering
- Physical impairment
- Property damage
How Do Distracted Driving Accidents Happen?
Distracted driving can be anything that takes a motorist’s mind away from the road while they are operating their vehicle. Some of the most common examples of distracted driving in Austin include:
- Drinking and eating while driving
- Smoking
- Adjusting the air conditioner
- Being preoccupied, worried, or daydreaming
- Applying makeup, combing hair, or shaving
- Talking on the phone
- Texting
- Reading
- Using a navigation system
- Watching a video
- Looking at what is happening in a nearby vehicle
- Dogs or other pets in the vehicle
- Rubbernecking
- Talking to passengers in the vehicle
- Using headphones to listen to music
- Reaching for something on the seat or dashboard
Texting and Driving Laws in Texas
Texting while driving (as well as reading or composing an email) is illegal in Texas. Because drivers generally take their eyes off the road for at least three seconds when they read or type texts, this behavior is extremely dangerous. Since 2017, texting and driving has been against the law in Texas. The fine is $99 for a first conviction and $200 for a second offense. However, it’s a difficult law to enforce because an officer must see that a motorist is using a phone specifically for texting.
The city of Austin has specific ordinances, City of Austin Ordinance No. 20091022-028 and Ordinance No. 20091217-090, that state a driver may not use a phone, tablet, or another device to read, send, or type an electronic message while the vehicle is in motion. However, drivers are permitted to use their devices to send messages while at a complete stop.
Unfortunately, even with the laws against texting and driving, many drivers in Austin still do it. If you’ve been injured by one of them, discuss your legal options with the experienced Austin distracted driving attorneys at Loewy Law Firm.
Insurance Challenges in Distracted Driving Cases
When a distracted driver causes an accident, their insurance company is responsible for covering the victim’s losses. While this may seem straightforward, the claims process can present significant challenges for victims because insurers tend to prioritize minimizing payouts over providing fair compensation.
Tactics Insurance Companies Use to Avoid Paying Full Compensation
Insurance companies frequently challenge distracted driving claims by disputing liability or reducing the value of injuries. Common tactics include arguing that the distraction wasn’t the primary cause of the crash or suggesting that the victim shares responsibility for the collision. When they use these tactics it can result in delayed settlements or offers that fall short of covering the full cost of damages.
How an Attorney Can Protect Your Claim Against Insurance Companies
Dealing with insurance companies on your own can be overwhelming, especially when facing aggressive adjusters. A skilled distracted driving attorney can:
- Collect and present evidence to prove the driver’s negligence.
- Negotiate assertively with the insurance company to maximize your compensation.
- Explore additional sources of coverage, such as underinsured motorist policies, if the at-fault driver’s insurance is insufficient.
At Loewy Law Firm, we understand how to stand up to insurance companies and fight for what you deserve. If you’ve been injured in a distracted driving accident, contact us today for a free consultation. We’ll handle the legal battle so you can focus on recovering.
Proving Distracted Driving
A number of different types of evidence may come into play in Texas distracted driving cases. Here are a few examples of common forms of evidence used in a “texting and driving” case:
Cell Phone Records
You may petition to have cell phone records used in your case to prove that another motorist was texting while driving. You will need the assistance of an experienced Austin distracted driving attorney to do this. Experienced distracted driving attorneys will know how to get the records promptly as well.
Police Report
Sometimes police will include notes about texting and driving in the police report, which may provide evidence in support of your claim. Examples include the officer’s observations of the driver texting and what the officer found on the driver’s cell phone if they inspected or confiscated the phone.
Traffic Camera Data
Many Texas roads have traffic cameras that might have recorded a motorist using a phone at the time of the collision. Your lawyer might be able to secure traffic camera footage that will prove the at-fault motorist’s texting caused the crash.
Admission of Fault
It is not uncommon for a driver to admit they were texting and driving when the crash occurred. While this may not be admissible, it can help build your distracted driving case.
Witnesses
Anyone who observed the car accident can serve as a witness. This includes pedestrians, cyclists, passengers, as well as other drivers. If possible, make sure to get the contact information from any witnesses who saw the accident. Their account of the crash could be crucial in proving that the other driver was on their phone or otherwise not paying attention prior to the crash.
Do I Need a Distracted Driving Lawyer?
If you have been severely injured in an accident caused by a distracted driver, you are likely facing significant medical bills, extensive repairs to your vehicle, and other unexpected expenses. Loewy Law Firm can help get you the compensation you deserve. You could be entitled to financial compensation for medical expenses, lost wages, pain and suffering, and other losses.
Car accident victims must show that the driver who caused the collision acted negligently by texting and driving or taking part in another form of distracted driving. Evidence is a critical factor in getting the compensation that you need and deserve. It’s crucial to have an experienced distracted driving accident lawyer on your side to help build the strongest possible case on your behalf.
Contact an Austin Distracted Driving Attorney
The experienced Austin car accident lawyers at the Loewy Law Firm represent those who’ve been hurt by distracted drivers. Call us today for a free and confidential consultation, and let us help you get the justice you deserve.
References and Additional Reading
https://data.texas.gov/stories/s/ndn8-c2cs
https://data.texas.gov/stories/s/Texas-Department-of-Transportation-Traffic-Safety-/ndn8-c2cs