Given the number of potential hazards that the average driver experiences every day, no one should operate a motor vehicle in Texas or anywhere else without their full attention on the road ahead of them. Unfortunately, a not-insignificant number of drivers flaunt this responsibility by looking at their phone instead, putting others around them—not to mention themselves—at serious risk of an injurious accident.
If you got hurt in a wreck because someone else was using their phone behind the wheel, you may have a very strong case against them for civil compensation. A seasoned car accident lawyer could discuss texting while driving car accidents in Temple with you during a private consultation and, once retained, work with you to secure appropriate restitution for your damages.
Regardless of what specifically causes a car crash, injured people who want to file suit against the party responsible for the incident generally must prove negligence on that other person’s part. In a nutshell, negligence involves a breach of a duty of care that leads directly to compensable losses—and since responsible drivers are expected to follow traffic laws, a breach of those laws constitutes a violation of their duty of care.
According to Texas Transportation Code §545.4251, any person who reads, writes, or sends a text message through a “portable wireless communication device” while operating a motor vehicle is guilty of a misdemeanor offense punishable by a fine. Accordingly, anyone who causes an accident because they were texting while driving would almost always be found negligent and therefore liable for ensuing damages since they committed a traffic violation immediately prior to the wreck.
However, proving that someone was texting behind the wheel can often be complicated, especially if the officer who initially responded to the incident did not ticket the offending driver for that specific traffic violation. A qualified attorney could work to prove negligence following texting while driving car accidents in Temple through subpoenaed phone records, security camera footage, eyewitness reports, and other forms of documentary and testimonial evidence.
Anyone found civilly liable for a car wreck is also liable for the compensatory damages of the plaintiff filing suit against them. As the term suggests, the purpose of these damages is to “compensate” an injured person for specific losses they sustained due to someone else’s negligence—not all of which have to have objective financial values.
For example, a person in Temple who suffers a broken leg in a texting while driving car crash may have to deal with significant physical pain on top of medical bills, car repairs, and missed time at work, all of which a lawyer could factor into a settlement demand or civil lawsuit. Likewise, permanent disabilities and disfigurements resulting from auto accidents may allow extensive recovery for non-economic damages like emotional anguish and loss of enjoyment of life.
Pursuing civil compensation after a car wreck is almost never a simple task, even if fault for the accident seems obvious. Neither defendants nor their insurance companies want to pay out for the costs of a traffic accident if they can help it, and you may need significant professional help to overcome this opposition effectively.
In the wake of a texting while driving car accident in Temple, the quality of your legal counsel could make a huge difference in the outcome of your claim. Call today to see how a qualified car accident lawyer could help you.