Can a Houston Car Accident Attorney Help Prove the Other Driver Was Texting and Driving?
Distracted driving is responsible for unnecessary injuries and deaths all over the US, including in Houston, TX. In an estimate by the NHTSA, distracted driving has resulted in 3,450 deaths all over the country in 2016.
Distracted driving has also claimed the lives of 455 individuals in Texas for the same year. The number of recorded injuries in the state at more than 3,000 is even more staggering.
In 2017, the state of Texas banned texting while driving for all motorists, imposing fines and sanctions for various offenses. Despite this, distracted driving-related accidents still occur. If you or a loved one experienced injuries by a distracted driver, you should not delay in seeking help. The assistance of a Houston car accident lawyer can help you in many and significant ways.
Given the difficulty in proving texting and driver, however, how will a Houston car accident lawyer accomplish this? Is it possible for auto accident lawyers in Houston to prove this kind of negligence? How does the negligence law of Texas factor into your ability to make a successful claim in Houston, TX?
How a Houston Car Accident Lawyer Can Help Prove Texting and Driving in a Negligent Driver
Proving the negligence of a distracted driver is possible, especially a text-and-driver. A Houston car accident lawyer can do the following to secure sufficient evidence:
A review of the distracted driver’s cellphone records
The cellphone records can show whether a driver has sent or received any electronic messages while navigating a vehicle. These records may be used to match the time during, preceding, and following the accident or collision. Auto accident lawyers in Houston may request for a copy of these records in the presence of just cause. This may be the case if the accident has resulted in serious physical injuries or property damage. The request may also be necessary if the distracted driver has accused you of contributory negligence.
Eyewitness accounts in Houston, TX
Eyewitness accounts can help prove that, in fact, the distracted driver has been texting while driving. This can be done, for example, if the driver had a passenger during the accident or collision. Auto accident lawyers in Houston can seek for such eyewitness accounts to help your case. These eyewitnesses can be requested to narrate what they saw under oath. If their statements corroborate with the cellphone records, the driver may be held liable for distracted driving in Houston, TX.
The police record typically contains information that can help with any car accident case. It can contain basic details such as date of accident and time of police response on the scene. The police record may also contain observations of the responding police officer. The record may show, for example, that there was a handheld electronic device inside the vehicle immediately after the accident. A Houston car accident lawyer can look into this information and file them as possible evidence.
From a Houston Car Accident Lawyer: Crucial Negligence Rules in Houston, TX
Although the law entitles you to seek for compensation on your injuries, the amount that you can claim may vary. Depending on your injuries, you may file for damages on monetary losses due to work absences and hospital expenses. Your claim in Houston, TX may also entitle you to non-economic damages, such as for pain and suffering and trauma. Auto accident lawyers in Houston can determine an approximate amount for these general types of losses on your claim.
In cases where there is shared negligence, however, the contributory negligence law of Texas prevails. If you were found to be partially responsible for the accident, you can still recover on your damages. This is as long as your liability does not exceed 50%. However, the amount you can claim in Houston, TX is reduced according to your liability for the accident.
Contact the McDonald Worley Law Office to Work with Reliable Auto Accident Lawyers in Houston
The injuries that result from a distracted driving accident in Houston, TX can be traumatic, debilitating, and expensive. Should you obtain injury from someone who was texting and driving, that driver is responsible for you. One of your best moves will be to consult with a Houston car accident lawyer.
Here at the McDonald Worley Law Office, we have the auto accident lawyers in Houston who can help. Whether you’re seeking for damages on physical losses or mental anguish, we have the legal expertise you need. Feel free to consult with us at your most convenient time.
The recent law on texting while driving in Texas can significantly help your case or claim in Houston, TX. However, you will need the right Houston car accident lawyer who can do the work for you. Place your trust on committed auto accident lawyers in Houston, as you focus on your full recovery.
Get in touch with us at the McDonald Worley Law Office today.