Texting and driving is still a leading cause of crashes in Fort Worth and across the U.S. These collisions often result in severe or catastrophic injuries. Yet, it is the victim who has the burden of gathering evidence to prove a texting and driving crash.
At Anderson & Cummings, we have the staff and resources to fully investigate your case and establish the negligence of the texting driver who caused your crash. To establish liability and seek justice for the injured victims, however, you need the right kind of evidence.
Below, our attorneys discuss new Texas laws banning texting and driving and the evidence that could help to prove violating this law led to a crash.
Contact our trusted law firm for a FREE case review. (817) 920-9000
Is It Illegal To Text and Drive in Texas?
As of September 1, 2023, a new law banning texting while driving went into effect across the entire state. Last year there were over 100,000 distracted driving crashes in Texas. Over 3,000 people were seriously injured and 455 suffered fatal injuries.
With this new law, the message to Texans is clear. Those who violate the law will face stiff fines and penalties. First-time offenders will pay up to $99 in fines. For all repeat offenses, that fine increases up to $200.
Additional Texas laws about texting and driving:
- No drivers may either send or receive text messages while driving in Texas
- Drivers younger than 18 years are not allowed to use their cellphones or any handheld devices while driving
- Those who hold learner’s permits may not use mobile phones during their first six months of driving
- If you drive a school bus, you may not use your cellphone at all if you are driving and children are present
- Using your cellphone at any time in a school zone is illegal
It is important to remember that many cities also have restrictions on cellphone use while operating a vehicle. Be sure to find out what laws apply in your area and remember that you are required to follow local as well as state laws.
How Can I Prove a Texting and Driving Crash in Fort Worth?
As with any car crash claim, injured victims must prove negligence due to texting and driving. This is not an easy type of case to prove. Hiring an experienced attorney could greatly improve your chances of recovering full compensation for damages. He or she will need to gather strong evidence on your behalf, which could include:
Cellphone records are one of the most critical pieces of evidence in a texting and driving accident case. These records provide substantial proof a driver was distracted by texting or other cellphone use at the time of the crash.
Lawyers may subpoena the at-fault driver’s cellphone records. A review of these records could show the driver was sending or receiving text messages right before or during the accident. Even if the at-fault driver was not texting, but doing other cellphone activities, cellphone records provide compelling evidence.
Credible witnesses can play a significant role in proving a texting and driving crash. People who saw the accident occur can provide firsthand accounts of the driver’s behavior before the collision. Witness statements may say they saw the driver holding a phone, typing on it, or swerving in and out of their lane while texting. These testimonies can help corroborate other evidence and provide a more comprehensive picture of the accident.
Crash Scene Evidence
Evidence from the accident scene can be extremely valuable in reconstructing the events leading up to the crash. Skid marks, the extent of vehicle damage, and crash debris can help investigators establish that the other driver was texting or otherwise distracted. There may be additional clues, such as a phone that just received a text message or is in the process of sending a text.
Police reports contain important information about the incident, including statements from the involved parties, witnesses, and the responding officers. Officers often note any signs of distraction or suspected texting and driving in their reports. Obtaining a copy of the police report can be a crucial step in building a case against a distracted driver.
Surveillance and/or Dash Cam Footage
In some cases, surveillance cameras in the vicinity of the accident may have footage that can be used as evidence. This could include footage from traffic cameras, nearby businesses, or dashcams of other drivers. Video evidence could greatly benefit your claim if it directly shows the driver texting or otherwise distracted while behind the wheel.
Expert witnesses can provide valuable testimony regarding the driver’s actions and the effects of texting while driving. Accident reconstruction experts can explain how a distracted driver’s behavior contributed to the crash. Medical experts can discuss the injuries sustained by the victims. These experts can lend increased credibility to your case by providing an objective an professional analysis of the evidence.
Social Media Activity
In today’s digital age, social media can sometimes provide evidence of a driver’s distraction. Posts, photos, or timestamps on the driver’s social media accounts may indicate they were using their phone around the time of the crash. Attorneys may subpoena these records to show a connection between the driver’s online activity and the accident.
Contact Our Trusted Law Firm To Discuss Your Distracted Driving Crash
Proving negligence for a texting and driving crash is challenging. It is even harder to establish negligence for these incidents without the help of an attorney. The liable insurance company is unlikely to agree to full and fair compensation if you do not have legal representation disputing their arguments and protecting your interests.
At Anderson & Cummings, we strongly recommend seeking legal help right away. Our auto crash attorneys in Fort Worth, have the knowledge, resources and staff needed to investigate your crash, gather evidence, establish negligence and build a solid case on your behalf.
Experienced Lawyers. Fighting for you. (817) 920-9000