Distracted driving is a dangerous and widespread problem across the country. The National Highway Traffic Safety Administration (NHTSA) has reported that, in just one year, over 3,200 people died in car accidents involving distracted drivers. The NHTSA estimates that almost 290,000 people sustained injuries in distracted driving-related crashes every year. In one survey, 34 percent of drivers admitted to reading a text or email while driving within the last month.
In cases that involve texting while driving car accidents in Austin, an experienced attorney can be crucial to securing the compensation you deserve. If a distracted driving accident caused harm to you or a loved one, Fleming Law Accident & Injury Attorneys can help protect your rights and navigate the legal process.
State law explicitly prohibits drivers from using a handheld wireless communication device for reading, writing, or sending an electronic message while operating a vehicle. Texas Transportation Code § 545.4251 makes it illegal for a driver to text unless the vehicle is stopped. This and other laws exist to prevent traffic accidents due to distracted driving in Austin. If a texting driver caused an accident that led to your injuries, and they received a ticket for violating this law, it can serve as important evidence in an insurance claim or civil lawsuit.
Our experienced Austin attorneys know how an investigation can prove that a distracted driver caused a car crash. Our lawyer will obtain a court order to subpoena the at-fault driver’s cell phone records, which can confirm if they were using their phone at the time of the crash. Evidence such as witness testimony, police reports, and accident reconstruction can also be essential to establish that distracted driving caused the accident.
If a driver was using a work phone at the time of the car accident, their employer could be liable for your damages. This is a possibility if the employee was acting within the course and scope of their employment when the collision occurred. Many employers have policies prohibiting cell phone use while driving to limit their liability. Our distracted driving attorney will investigate the nature of the driver’s phone use to determine if the employer shares liability for your Austin accident. This can be significant because employers often have much more extensive insurance policies than individual drivers.
Insurance companies often try to take advantage of people without legal representation by offering settlements that are far less than they deserve. If a texting driver caused your car crash in Austin, we will handle all communications and negotiate with the insurance company on your behalf.
Our lawyers will meticulously gather evidence, such as phone records, eyewitness testimony, and medical records. We can then use this evidence to build a strong case and negotiate for a fair settlement. Our attorneys are highly skilled negotiators and trial-tested litigators who will fight for the full compensation you deserve.
Our lawyers at Fleming Law Accident & Injury Attorneys have over 30 years of experience in cases involving texting while driving car accidents in Austin. We have achieved positive results for our clients, including multi-million-dollar victories. Some of our attorneys are board-certified specialists and have demonstrated their expertise through rigorous exams and positive evaluations.
Unlike with larger firms, you will be in direct contact with the lawyer handling your case, not an assistant. Contact us today for a free case review.
(713) 221-6800 