Anyone who is operating a motor vehicle on a public road has an obligation to be attentive to vehicle and traffic laws, road conditions, other drivers, and road users like cyclists and pedestrians. Distracted driving is dangerous and against the law.
Texting while driving is a common form of distracted driving, especially among younger people. The city and state governments have engaged in considerable public education efforts to discourage this dangerous and irresponsible practice.
If you or a loved one has suffered an injury in a texting while driving car accident in San Antonio, you might be entitled to compensation. Contact a car accident lawyer for advice about how to pursue money damages from the negligent parties.
In Texas, the insurance company of the party who is at-fault in a car crash is responsible for paying the damages of other involved parties. Drivers in the state must have liability insurance or other proof of financial responsibility. Drivers’ minimum coverage limits are $30,000 bodily injury per person, $60,000 aggregate for bodily injury to more than one person, and $25,000 property damage.
These limits might be insufficient to cover the damages of someone who sustained a serious injury or significant property damage. Some drivers may not have insurance, despite the law requiring it. In any case, where there are insufficient resources to cover an injured party’s damages, the injured party must turn to the legal system for redress.
Seeking damages will require the injured person’s attorney to prove the other driver’s negligent actions caused the collision. An accident attorney could evaluate the circumstances of a crash to determine who might have been negligent. Evidence that an involved party was texting while driving could be negligence per se, meaning that the plaintiff need not prove anything other than the fact the other driver was texting at the time of the wreck.
San Antonio City Code § 19-255 bars drivers from using any hand-held mobile device for any reason. This law does not apply if the vehicle is legally parked or if the driver is on private property. Legally parked does not include being stopped in traffic or at a stoplight.
There are exceptions for personnel operating emergency vehicles. Otherwise, the only time use of a hand-held device is legal is if a driver is reporting a crime to law enforcement, reporting a medical or other emergency, or using the device to prevent an injury to a person or property.
Violation of a law, even a local ordinance, could be evidence of negligence. If law enforcement cited the other driver with texting while driving, or a subpoena of their cell phone records reveals that they were texting, a knowledgeable attorney could use those facts to demonstrate the defendant’s negligence.
Those who have been injured in an auto collision may be eligible to recover compensation for all of their injuries. This could include economic and non-economic damages.
Economic damages repay an injured person for their actual financial losses related to the injury. The plaintiff must present evidence such as medical bills, receipts for expenses related to medical treatment, pay stubs if the injury caused them to miss work, and similar documentation. If the plaintiff worked in the home and the injury rendered them unable to continue to provide the services they formerly provided for their family, damages could reimburse the documented cost of hiring a housekeeper, personal shopper, car service, babysitter, or other providers of necessary services.
Non-economic damages are payments for the emotional challenges and lifestyle changes that an accident could cause. Injured people can receive compensation for their pain and suffering, disfigurement, physical impairment, mental anguish, and loss of consortium. A plaintiff’s attorney could show evidence that the injured person required pain medication, was unable to participate in certain activities they once enjoyed, felt embarrassment being in public, or could no longer fully engage in family life to support a claim for these damages.
If you have received injuries in a car wreck that was someone else’s fault, you have only two years to file a lawsuit seeking damages. Do not spend that time trying to handle your claim alone. Instead, get an aggressive attorney who will fight for your rights.
If you have been involved in a texting while driving car accident in San Antonio, you need legal representation as soon as possible. The sooner a savvy car accident lawyer can begin assembling evidence, the stronger your case is likely to be. Reach out for help today.