Katy Texting While Driving Accident Lawyer

In Texas, it is against the law to text while a person is driving. Nevertheless, many people continue to engage in this dangerous behavior, causing a major crash in the process. A Katy texting while driving accident lawyer could talk to you about your claim for damages if you were struck by a person who was distracted. Your local car accident attorney understands the losses you have suffered and could represent you in court or in settlements.

What is Someone Forbidden From Doing While Driving?

If the driver is using a hands-free device, then they are not technically texting, under Texas statutes. However, it is still important for people not to do anything that is going to distract them while they are driving. Not only will it keep them safe, it makes it harder for the defense to put partial blame on the plaintiff for causing an accident.

Whether the driver is novice or experienced, they should not text while they are driving, but teen drivers need to take extra precaution when driving. 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 behind the wheel.

What if the Injured Plaintiff Was Also Using a Phone?

If the plaintiff was distracted at the time of the crash because they were on their cell phone, and that distraction had anything to do with contributing the cause of the accident, the plaintiff could be held partially or fully responsible for the accident. It is crucial to work with a Katy texting while driving accident attorney if this is the case.

Texas is a comparative responsibility state, so if the case goes to trial, the jury would have to determine if either driver was negligent. It is possible that both could be deemed negligent. Then the jury would attribute fault between the two drivers that would have to equal 100 percent. If the plaintiff is over 50 percent liable, they will not be entitled to recover anything.

Subpoenaing Cell Phone Records From a Car Crash

A Katy lawyer will need to identify the cell phone that led to the car accident and obtain information from the phone provider A forensic expert could also examine the actual cell phone and download the information and data contained within, which may show what was being done on the phone at the time of the crash.

Lawyers can issue subpoenas for cell phone records and they do it all the time. If the information they are seeking is not relevant, the judge could grant a motion to quash the subpoena; but they can get cell phone records to see if it was in use when the vehicle crashed.

When the case requires a forensic examination of a cell phone to get all the information off of it, that gets a little more difficult. The defendant has a lot of information on their cell phone that is personal, and has nothing to do with the day and moment of the accident. That forensic evaluation could also reveal some specific information about the minutes and seconds leading up to the accident, and what the person was actually doing on the phone. That would not be contained in their cell phone provider’s records because those records only show usage.

File a Claim for Your Texting While Driving Accident With a Katy Attorney

Taking your eyes off the road in order to send a text might not seem like much. But the potential for a severe catastrophic incident is high. Anyone who is injured through no fault of their own should reach out to a Katy texting while driving accident lawyer. Our trustworthy personal injury lawyers could work with you to identify all your losses and make a request for compensation.