Houston Texting While Driving Accident Lawyer

Individuals who text while driving are putting themselves and others at great risk. Motor vehicle collisions are more likely when someone is focused on something other than the road. You should contact a Houston texting while driving accident lawyer to learn more about your options if you were hurt due to someone else’s cell phone use.

What Are the Rules Regulating the Use of Cell Phones While Driving?

In Houston, it is against the law to text on a cell phone while driving a vehicle. If a driver is using a hands-free device, they are not technically texting according to the state statute. Although this is not strictly prohibited, it is highly recommended that drivers refrain from using a hands-free device as much as possible in order to prevent distracted driving.

There is no distinction in the law between novice drivers and experienced drivers when it comes to using cell phones. The practice is banned either way. For the first couple of years that someone has a license in Texas, they are not supposed to have more than one occupant in the vehicle with them while they are driving. This cuts down on the potential for distractions and using a cell phone while driving is one of the most prominent and dangerous distractions that exists for drivers today.

Cell Phone Use Can Impact Fault

If the plaintiff was distracted because they are on their cell phone, and that distraction had anything to do with contributing the cause of the accident, the plaintiff could be held partially responsible or fully responsible for the incident.

Texas is a comparative responsibility state, which means the jury would be asked if they believed each driver was negligent. The jury can decide that both were negligent and they would attribute fault between the two drivers that would have to equal 100 percent. If the plaintiff is over 50 percent at fault, they do not recover anything. There is a complete bar to recovery if someone is at 51 percent fault or higher. A lawyer could help present evidence that a plaintiff was not at fault.

Evidence of Cell Phone Usage Before a Crash

The most obvious piece of evidence for a Houston attorney to secure are the cell phone records for the device that the defendant was using in the accident. That can be obtained from the cellphone provider. Even better than that, a forensic expert could potentially examine the actual device and download the data contained within it.

Lawyers can issue subpoenas for cell phone records from the time of the accident. If the information being sought is not relevant, the judge could grant a motion to quash the subpoena. It gets a little more challenging when attempting to get into the forensic evidence of the device. Individuals have a lot of information on their cell phone that is personal, and has nothing to do with the moment of the accident. But that forensic evaluation could also find some specific information about the minutes and seconds leading up to the accident, and what the defendant was actually doing on the phone. That information would not be contained in their cell phone provider’s records because those records just show the usage, not the contents. Therefore, a lawyer must be careful when requesting the actual contents on the phone.

Speak with a Houston Attorney After a Texting While Driving Accident

Place a call to our law firm if you are looking to recover damages after a car wreck. Schechter Shaffer & Harris has years of experience with these types of claims and our Houston texting while driving accident lawyers could help you make the case for compensation.