Being involved in a car accident is a jarring experience, but when another driver’s inattention causes that crash, the frustration and injustice can be overwhelming. In Austin, distracted driving accidents are a serious concern, and if you’ve been hurt due to someone else looking at their phone, eating, or otherwise failing to focus on the road, you have rights.
Understanding Distracted Driving in Texas
Distracted driving isn’t just about cell phones, though that’s a significant part of the problem. It encompasses any activity that diverts a driver’s attention from the primary task of driving.
These distractions fall into three main categories:
- Visual Distractions: Taking your eyes off the road.
- Manual Distractions: Taking your hands off the steering wheel.
- Cognitive Distractions: Taking your mind off driving.
Often, activities like texting combine all three, making them exceptionally dangerous.
The state of Texas has recognized the severity of this issue. Since September 1, 2017, reading, writing, or sending a text while driving in Texas has been illegal. Violators can face significant fines. Beyond state law, many Austin communities have enacted even stricter ordinances regarding cell phone use behind the wheel.
For a free legal consultation, call (844) 730-0233
The Alarming Reality of Distracted Driving Accidents
The numbers paint a stark picture of the dangers of distracted driving. The Texas Department of Transportation (TxDOT) reports that in 2024, nearly one in five crashes on Texas roads involved a distracted driver. These incidents led to 373 fatalities and 2,587 serious injuries. These aren’t just statistics; they represent real lives, families, and pain.
The Federal Communications Commission (FCC) highlights national trends, stating that in 2022, “more than 3,300 people were killed and nearly 290,000 (estimated) people were injured in motor vehicle crashes involving distracted drivers.” They further note that “Eight percent of fatal crashes, 12 percent of injury crashes, and 11 percent of all police-reported motor vehicle traffic crashes were reported as ‘affected by distracted driving.’”
Distracted driving is a pervasive and deadly issue. As former U.S. Transportation Secretary Anthony Foxx once stated, “Distracted driving is an epidemic on our roadways.” This underscores the urgency of addressing these preventable accidents.
Your Path Forward After a Distracted Driving Crash
If you’ve been injured in an accident involving a distracted driver in Austin, knowing your rights and following the advice of a car accident lawyer is crucial. Here’s what you should consider:
- Seek Medical Attention Immediately: Your health is the top priority. Even if you feel fine, some injuries may not be immediately apparent. A medical professional can diagnose and document any injuries, which is vital for your claim.
- Document the Scene (Safely): If possible and safe, gather information at the accident scene:
- Take Photos and Videos: Capture vehicle damage, road conditions, traffic signs, and anything that might indicate distracted driving (e.g., cell phone in hand, food wrappers).
- Exchange Information: Get contact and insurance details from all drivers involved.
- Obtain Witness Contact Information: Eyewitness accounts can effectively prove distraction.
- Note the Police Report Number: This report will contain important details about the crash.
- Understand the Legal Framework for Personal Injury Claims:
To pursue a personal injury claim, you generally need to establish four key elements:
- Duty of Care: The at-fault driver was legally obligated to drive safely and avoid causing harm. All drivers have this duty.
- Breach of Duty: The at-fault driver violated this duty by negligently (e.g., driving while distracted).
- Causation: The distracted driving directly caused your injuries.
- Damages: You suffered actual losses due to your injuries (e.g., medical bills, lost wages, pain and suffering).
- Proving Distracted Driving:
Proving a driver was distracted can be challenging, as it often relies on indirect evidence. However, an experienced lawyer can gather various forms of evidence, including:
- Cell Phone Records: Subpoenaing these records can reveal if the driver was texting, calling, or using data during the crash.
- Witness Statements: People who saw the driver’s behavior before or during the accident can provide critical testimony.
- Black Box Data: Many modern vehicles record data like speed, braking, and even steering inputs, which can show erratic driving patterns consistent with distraction.
- Surveillance Footage: Traffic or nearby business cameras might have captured the accident or the moments leading up to it.
- Social Media Activity: Posts by the at-fault driver before or after the crash could indicate distracted behavior.
- Admission of Fault: Sometimes, a distracted driver may admit to their distraction at the scene.
Remember, collecting this evidence often requires legal authority. Attempting to do so alone can be difficult and may jeopardize your case.
Click to contact our personal injury lawyers today
READ MORE: Austin Car Accident Lawsuit: When Should You File?
Complete a Free Case Evaluation form now
Why Choose Ben Crump Law?
At Ben Crump Law, we believe that justice equals respect. Our firm is dedicated to advocating for the voiceless and holding the powerful accountable for their actions, especially when their negligence harms innocent people. We understand the profound impact a distracted driving accident can have on your life, from mounting medical bills and lost income to significant pain and emotional distress.
Your Austin personal injury lawyer approaches each case confidently, leveraging our deep legal knowledge and extensive resources to build a strong claim on your behalf. Our commitment is to ensure you receive fair compensation for your losses, allowing you to focus on your recovery and rebuilding your life. We are prepared to fight tirelessly against insurance companies and other parties to protect your rights.
You Don’t Have To Face This Challenge Alone
If you or a loved one has been injured in an Austin distracted driving accident, you don’t have to face this challenge alone. Let us put our experience to work for you, seeking the justice you deserve.
Contact Ben Crump Law today for a free consultation and case review by calling (844) 730-0233.
About Ben Crump Law
Renowned civil rights attorney Ben Crump founded Ben Crump Law PLLC, believing justice equals respect. His firm is devoted to advocating for the voiceless of our society whenever or whatever kind of harm may have befallen them. From personal injury to labor and employment matters to class action lawsuits and many other types (click to view all practice areas), our attorneys are dedicated to holding the powerful accountable for their actions.
Call or text (844) 730-0233 or complete a Free Case Evaluation form
