Austin Texting and Driving Accident Attorney

Though car crashes are typically referred to as “accidents,” more often than not, crashes are caused by someone’s negligence. One of the most striking examples of irresponsible behavior behind the wheel is texting-while-driving. Texting while driving is illegal in Texas and extremely dangerous. And yet, drivers in Austin and throughout Texas routinely put themselves and others at risk by texting while driving. It’s no wonder that texting-while-driving accidents are on the rise.

Adam Loewy and the team at the Loewy Law Firm know the physical and financial toll a texting-while-driving accident can take on your life. We’re here to defend your rights and help you get compensation for your injuries, medical bills, lost wages, and other losses.

With our help, our clients have recovered millions of dollars after being involved in a crash. We’re also well-respected by our clients and peers, with a 10/10 rating from Avvo.com. If you want to learn more about how we can help you, get a free initial consultation by calling (512) 280-0800 or visiting our contact page.

The Problem of Texting While Driving

According to a report from the Texas Department of Transportation, in 2019, there were 778 crashes statewide that law enforcement attributed to texting while driving. Of these 778 crashes, 11 crashes resulted in at least one fatality, while 289 crashes resulted in some sort of injury to a driver or passenger.

This may not sound like that many deaths and injuries, but bear in mind that nobody needs to send or read a text while driving, making each death and injury from a texting-while-driving accident entirely preventable. What’s more, proving a driver was texting at the time of the accident can be a challenge, so there’s a good chance these figures may not cover the true scope of the problem.

Why Is Texting While Driving So Dangerous?

There are three different kinds of potential distractions for drivers. They are:

  • Manual distractions – These are distractions that take a driver’s hands off the steering wheel, preventing them from being able to act quickly in an emergency situation. This includes things like eating a snack or taking a drink while driving.
  • Visual distractions – These are distractions that take a driver’s eyes off the road. When this happens, drivers can’t see and react to hazards in their path, making it next to impossible to avoid a crash. Common visual distractions include adjusting the music or looking at a navigation device instead of paying attention to the environment around you.
  • Cognitive distractions – A cognitive distraction is anything that takes a driver’s concentration off of safely maintaining control of their vehicle. This includes things like talking to other people in the car or daydreaming. If a driver isn’t focused on the task of driving, it’s much more difficult for them to recognize an emergency and respond accordingly.

What makes texting while driving so especially dangerous is it’s an example of all three types of driver distractions. Texting while driving takes at least one hand off the wheel, keeps your eyes glued to your phone instead of the road, and redirects your focus from getting to your destination safely. It’s no wonder texting while driving is a major cause of car accidents.

Texting while driving makes a driver 23 times more likely to crash than if they were not distracted. The National Highway Traffic Safety Administration reports that, on average, a driver removes their eyes from the road for 4.6 seconds when writing or reading a text message. If moving at a speed of 55 mph, the vehicle would travel the entire length of a football field while being virtually driven blind. Traffic can stop instantly, which often causes texting drivers to rear-end other vehicles or swerve into neighboring lanes in an attempt to avoid a collision. Texting also makes drivers less likely to notice when a car has moved into the lane ahead of them, or see bicyclists and pedestrians using the road.

Injuries Caused by Drivers Who Were Texting

Some of the most common types of injuries sustained in texting-while-driving crashes include:

  • Broken bones and fractures
  • Soft-tissue injuries (damage to muscles, tendons, ligaments, etc.)
  • Damage to internal organs
  • Neck and back injuries, including whiplash
  • Damage to the spinal cord
  • Head injuries
  • Traumatic brain injuries

Proving That a Driver Was Texting

Depending on how the accident occurred, it can be difficult to prove a driver was texting at the time of the crash. Fortunately, a knowledgeable and capable texting-while-driving accident lawyer can help you find the evidence you need to prove your case. Here are some of the common types of evidence we use in these cases:

  • Cellphone records – By comparing the time of the crash to records from a driver’s cellphone company, we can see if they were sending or had received a text in the moments leading up to the accident.
  • Police reports – During an accident investigation, police may sometimes discover a driver was texting in the lead-up to the crash. If so, they’ll likely note it in their accident report, and that evidence can be used to help injured drivers recover compensation.
  • Witness statements – Another driver or pedestrian may have seen the driver texting right before the crash. If so, their testimony can be used to help build your case.
  • Video footage of the case – Depending on where the crash occurred, there may be footage from traffic cameras or other video surveillance footage. This footage can be examined to see if it shows the driver texting while driving, which can be a powerful piece of evidence.

Compensation If You’ve Been Hurt in a Car Accident in Austin

Texas law lets accident victims recover compensation for many different kinds of losses after a crash. This includes things like:

  • Your lost wages
  • Your reduced ability to work due to your injuries
  • Your medical bills
  • Your damaged personal property
  • Your physical pain and suffering
  • Your mental anguish

One other thing to know is Texas law allows car accident victims to recover compensation for their injuries even if they were partially responsible for the crash. As long as you do not bear the majority of the responsibility for the accident, you can still receive compensation, though the amount you receive may be reduced.

Contact an Austin Texting and Driving Accident Lawyer Today

Texting drivers cause some of the most serious car accidents on the road, and their negligence can shatter the lives of their victims. The serious injuries caused by these accidents can leave you with thousands of dollars in hospital bills, lost wages, and even an inability to live a normal life.

You should speak to a lawyer as soon as possible after a texting-while-driving accident. An Austin car accident lawyer at the Loewy Law Firm can help you find the evidence you need to build your case, identify all the liable parties and potential sources of compensation, handle all your communications and paperwork needs, negotiate for a fair settlement with the liable parties’ insurance companies, and take your case to court, if necessary. We’re here to uphold your rights and help you find the justice you deserve.

If you’re interested in learning more about our legal services, call (512) 280-0800 or visit our contact page for a free case review.