In Killeen, it is prohibited to use a cell phone use when on the road. Drivers must be hands-free, which means drivers cannot have their devices in their hands or up to their ear talking. It is not just teens and novice drivers who use cell phones while driving. Regardless of age, the use of cellphones is prohibited by motorists.
If you or a loved one were injured in an accident due to a distracted driver, you need to consult a car accident attorney as soon as possible. A Killeen texting while driving accident lawyer can investigate the cause of your crash and help you seek compensation for your injuries.
Novice and teen drivers must abide by the same rules that other drivers do. The only difference is that teen drivers have a curfew and still have to have someone licensed over 21 in the vehicle for the first year while they still have their permit.
A driver who fails to pay attention to the road and causes a collision could be held liable for the crash. In most situations, the defendant will be found liable and the fact that the driver was on their phone during the crash is considered an aggravating factor. For instance, if the driver did not brake earlier in rear-end collisions because they were distracted by their phone the collision could be more severe because they failed to pay attention.
If the plaintiff is found to be on their phone during the crash, they could be held partially liable for the accident. If the injured party is found to be more than 50 percent at fault for the crash, they will be unable to seek compensation for damages. If the plaintiff is found to be less than 50 percent at fault, their recoverable damages will be reduced based on their percentage of fault. It is best to speak to a local attorney to help fight against claims of shared negligence.
The main type of evidence that is needed in a texting while driving accident case includes cell phone records. Cell phone records can include voice calls, texts messages, and other apps that could be used on the phone. In order to recover a driver’s cell phone records, the owner of the cell phone has to give consent or permission to get the records from the provider. If a lawsuit is filed, a Killeen texting while driving accident lawyer can always get a subpoena from the court to get the cell phone records.
Distracted driving, especially with cellphone usage is one of the most common causes of a motor vehicle accident. When a driver fails to pay attention to other drivers or hazards on the road, they can cause a devastating crash. If you were injured in a collision due to a driver who was texting while driving, you deserve compensation for your damages. Schedule a consultation with a Killeen texting while driving accident lawyer to discuss your legal options today.