Imagine you’re driving in a car with your family on a Texas road. All is well until someone else’s vehicle collides with yours out of nowhere. Later, you find out that the other person was texting and driving. That is distracted driving, and in Texas, it is a huge traffic offense.
Laredo, TX, is a vibrant city located along the U.S.–Mexico border, known for its warm community, cultural festivals, and historic landmarks. The city’s location makes it a key hub for trade and travel, which also means its roads often stay busy with both local and commercial traffic. Texas has its own set of rules.
Distracted Driving
Texting while driving is forbidden in Texas. If a driver causes an accident because they were distracted, the victim has the right to seek justice and compensation. In such cases, having a distracted driving accident lawyer in Laredo, TX, can make the process much smoother and less overwhelming.
Distracted driving happens when someone behind the wheel focuses on something other than the road. For victims, this careless behavior can lead to serious injuries, emotional distress, and financial strain. Some typical distractions are:
- Texting or cell phone use
- Eating or drinking
- Talking to people in the car
- Changing songs
- Looking at something outside the car
Liability
Think of liability like this: You spill another person’s juice box at lunch. You clean it up, you say sorry, and perhaps even buy them a new one. Liability is similar in car accidents. If someone wrecks due to being distracted, they are liable and must fix the damage, most likely by writing a check.
In distracted driving accidents, it’s not always easy to prove who’s at fault. That’s why there is always an investigation:
1. Police Reports
When there is a crash, the police will usually be among the first responders. They document what happened, take photographs, and interview all parties involved. If the police feel a driver was distracted, like texting or not focusing on the road, they’ll document that on the report.
2. Phone Records
If the driver was using his or her phone or texting when the accident took place, lawyers or insurance companies can ask him or her to provide their phone records. Their records show whether or not the driver had been using his or her phone during the accident.
3. Witness Statements
Sometimes, people nearby see the accident take place. They might have seen which driver had their eyes glued to their phone. Witnesses help reveal what occurred and are helpful with the case.
4. Dash Cams and Videos
More and more cars nowadays have dash cams recording what’s happening out on the road. If a person has a video where the distracted driver is visible, that’s quite helpful in proving fault.
After everyone finds out who did it, the responsible driver, the one who was distracted, typically has to:
- Pay for the damages through their auto insurance
- Pay for medical expenses if someone was injured
- Perhaps have to appear in court if it is a serious case
- Occasionally, they also get a ticket or even have legal consequences for violating the law.
What If Both the Drivers Were Distracted?
In Texas, they use something called ‘comparative fault.’ Suppose the driver was texting, but driver B was speeding; they both could end up being partially to blame. The court figures out who was more at fault and how much each owes.
Conclusion
Distracted driving is dangerous, and in Texas, don’t take it lightly. A quick rundown of how liability is determined in a distracted driving case:
- Police investigate the accident
- Phone records may show texting
- Witnesses tell what they saw
- Videos can confirm the truth
- The person who caused the crash is held liable
