Were you injured in an accident while riding your motorcycle? Did the crash occur because of another person texting while driving? If so, contact Austin motorcycle accident lawyers of Loewy Law Firm right now to discuss the circumstances of your case. We might be able to help you seek compensation from the negligent motorist.

Distracted driving is dangerous. Anyone could become distracted while operating their vehicle. Sometimes, people find it challenging to remain focused on the road ahead, particularly when they’re busy completing or thinking about their daily responsibilities. Many drivers commute several hours to work and try to multi-task on the way.

Texting at the wheel has become a serious problem. It’s nearly impossible for people to notice what’s happening around them when they’re only paying attention to their phones.

You deserve the opportunity to hold the at-fault driver liable for the harm they caused. Loewy Law firm is here to help. Call us at (512) 280-0800 for your free consultation to learn about your legal options for seeking the money you’re owed for your injuries.

Dangers of Texting While Driving

It is illegal to operate a motor vehicle in Texas while writing, reading, or sending an electronic message on a portable wireless communication device. However, a City of Austin Ordinance allows a person to use a hand-held device to call 911 to report an accident or crime.

Texting while driving puts the driver and the people around them in danger. Even if someone looks down at their cell phone for only a few seconds to read a text, that’s a few seconds they’re not focused on their surroundings. Anything could happen that changes the landscape of the road, such as another driver swerving into their lane or traffic suddenly coming to a standstill.

A motorist can’t react appropriately to dangerous conditions if another task preoccupies their mind. Their brain can’t register hazards because they’re looking at their cell phone instead of nearby vehicles and things happening around them. 

How Texting Causes Collisions

Although it’s legal for a driver to operate their car while talking on a hands-free device, it increases the risk of a crash. Texting is even worse. Anything that redirects someone’s eyes, hands, or attention away from the task of driving is a dangerous distraction.

Reading or sending a text takes a person’s eyes off the road long enough to travel the length of a football field when driving 55 miles per hour. Anything can happen during those few seconds of inattention. The distraction slows a person’s reaction time, preventing them from swerving in time to avoid debris in the road or slamming on the brakes to avoid crashing into the back of a stopped vehicle.

Injuries Caused by Texting Drivers

Any distraction poses a risk to car occupants and non-motorists. In 2019, 3,142 people were killed in distracted driving accidents. Some experts have said that texting while driving is just as dangerous, if not more dangerous, than drunk driving.

When an accident occurs, motorcyclists are at a greater risk of injury than the occupants of vehicles. They don’t have the same safety devices, such as seatbelts or airbags. There isn’t anything to soften the impact of a collision or restrain them to their bike. They could get ejected, run over by a car, or hit by flying debris.

The most common injuries in motorcycle accidents include:

Many motorcycle accidents are fatal for the rider. There were 5,014 motorcyclist fatalities in 2019. Statistics showed motorcycle riders were 29 times more likely to die in accidents than the occupants of other vehicles.

Compensation for a Texting While Driving Accident

Texas follows a traditional fault system when it comes to financial responsibility for a traffic-related accident. That means the injured victim can hold the at-fault driver liable for resulting medical expenses and other losses.

Every motorist must carry liability insurance with minimum limits to cover injuries and property damage to another person. You can file a claim with the negligent driver’s insurance carrier to get compensation for the losses you suffered, such as:

Aside from pursuing compensation for these losses, you can also seek exemplary damages when you file a lawsuit. State law requires the plaintiff to prove the defendant acted with gross negligence, fraud, or malice to receive this financial award.

Proportionate responsibility could prevent you from recovering the total available compensation. This statute allows the jury to reduce the plaintiff’s compensable losses by their percentage of shared fault. For example, if you suffered $40,000 in losses, but a jury determines you were 20% responsible for the crash, you could only receive up to $30,000 in compensation. If you were more than 50% at fault, you would not receive any amount of money.

How Loewy Law Firm Could Help

Since 2005, our legal team has fought on behalf of motorcycle accident victims in Austin. We will advocate for your rights and aggressively pursue the maximum compensation you deserve. You can depend on us to help you hold the careless driver accountable for their actions. You should not be forced to pay out of pocket for any incurred costs if your actions didn’t contribute to the crash. 

Adam Loewy will handle your case personally. He believes in providing dependable customer service to every client. You can call or text him whenever you need him. Our legal team will treat you as a priority and give you the one-on-one attention you deserve.

At Loewy Law Firm, we understand the financial struggles many people face after a motorcycle accident. We will take your case on contingency so you don’t feel the burden of upfront fees or costs. We won’t charge you for our legal services unless we secure compensation for you.

If you sustained injuries in a motorcycle accident caused by someone who was texting while driving, do not hesitate to call us at (512) 280-0800. We can discuss what happened during a free consultation and determine what we can do to help.