The Scary Facts About Distracted Driving

Any form of distracted driving can be classified as reckless. Individuals who have been injured in a car accident caused by another person’s reckless or negligent actions have the right to seek compensation for accident damages. You may be due compensation for losses such as medical expenses, lost wages, and pain and suffering.

According to the Texas Department of Transportation records, in 2019, the total number of crashes on Texas Roads were 561,582. Of those, 97,853 or 17.4%, involved distracted driving (driver distraction, inattention or cell phone use). The 97,853 distracted driving crashes in Texas resulted in 378 deaths and 2,500 serious injuries.

This amounts to nearly 1 in 5 accidents caused on Texas roads, highways and freeways is the result of a distracted driver. It has been 20 years since Texas has been able to go a single day without someone dying on a Texas road.

What Does Texas Consider Distracted Driving?

The state of Texas defines distracted driving as “any activity that takes your attention away from driving.” Distractions can include anything from:

  • Texting
  • Talking on a mobile phone
  • Eating and drinking
  • Putting on makeup
  • Shaving
  • Reading
  • Programming a navigation system
  • Watching a video
  • Adjusting the radio

Though most distractions are legal, they still present a hazard and should be minimized or avoided whenever possible. But in Texas, state law is focused mainly on the risk of texting while driving, while leaving other forms of distracted driving unchecked.

The Texas Department of Transportation advises, “The safest policy is to drive now and use your cell phone later. If you must make a phone call or send a text, pull over. Otherwise wait until you reach your destination to use the phone.” While talking on the phone hands-free or changing the radio station is not against the law, it still reduces focus from the road and can cause a distraction to drivers.

Does It Matter If The Other Driver Was Distracted?

If we are able to prove that another driver in your accident was distracted, you may be able to increase your chance of winning a personal injury lawsuit or claim, even if you were partially at fault for the accident. As long as the distracted driver was at least 50% responsible for causing the accident, you may be able to recover compensation for your injuries.

Proving that a driver caused an accident because of distraction takes competent, thorough attorneys. At the Law Offices of Domingo Garcia, our attorneys will fully examine the accident scene, review police reports, search phone records, interview witnesses, and exhaust every way of determining the true cause of your accident.

Examples of Distracted Driver Cases in Texas;

  • Amarillo, Texas: A woman was arrested in connection with the death of a child. She set off a chain reaction wreck. The investigation included getting cell phone and data records.
  • Dallas, Texas: An employee of Energy Transfer Partners was watching a video on his cell phone. He drove into oncoming traffic killing an 18-year-old.
  • Brazos County, Texas: An 18-year old driver of a pickup truck veered off the road. Truck rolled over causing the death of a 13-year old boy, and seriously injuring two others. The driver was on his cellphone at the time of the accident.
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