In Texas, it is against the law to drive while distracted. If this distraction leads to a car accident, it is considered a factor in determining fault. This means that a driver who was distracted at the time of the accident can be held fully responsible for the damages caused. If you have been injured due to someone else’s careless behavior, distracted driving lawyer in Texas can help.
What Is Distracted Driving?
In Texas, distracted driving is defined as operating a motor vehicle while engaging in an activity that takes the driver’s attention away from the road. This can include activities such as using a cell phone, eating, applying makeup, or adjusting the radio. Texas law prohibits drivers from using handheld devices while operating a vehicle, except in certain emergency situations.
Common examples of distracted driving include:
- Using a cell phone, tablet, or other electronic device, unless it is hands-free.
- Eating, drinking, or smoking while driving.
- Applying makeup or grooming while driving.
- Reading or writing while driving.
- Adjusting a navigation system or radio while driving.
- Talking to passengers or pets while driving.
- Engaging in any other activity that takes the driver’s attention away from the road and their surroundings.
It is important to note that Texas law prohibits the use of handheld electronic devices while driving, unless it is in response to an emergency. If a driver is found to be distracted while operating a motor vehicle and causes an accident, they may be held liable for any damages that result. Distracted driving is a major contributor to automobile accidents. If you suspect that negligence caused an accident, a Texas car accident lawyer will be of great help in gathering evidence for your case.
How Can Texas’ Distracted Driving Laws Help My Case?
It is imperative to be aware that any claim of distracted driving will be taken seriously and should be treated with caution. Avoid making statements that incriminate yourself, such as suggesting that you were not paying attention to the road or were distracted by something. For instance, drivers who claim to have been “just reaching for the radio” often believe that it is a harmless remark, however, it can still be considered evidence of distraction, even if you were alert throughout the situation.
It is also important to be mindful of any indications that the other driver may have been distracted at the time of the accident. Do not automatically assume that the other driver was driving attentively simply because you did not observe them using a cell phone. If they make statements about the radio, managing their children, or being affected by the sun, these details could be valuable in supporting your insurance claim.
