This blog was posted by Shaw-Cowart Personal Injury Attorneys in Austin, representing clients for car accident injuries, truck / 18-wheeler accidents, motorcycle accident injuries, work-related accidents, wrongful death claims and much more in Austin and the surrounding areas
Distracted Driving Accidents and Cell Phone Evidence
Distracted driving accidents have reached epidemic levels on Texas roads. Cell phones have become the primary source of driver distraction, causing thousands of crashes every year. Distracted driving accidents often result in serious injuries because drivers looking at phones cannot react to hazards. When distracted drivers cause crashes, cell phone evidence can prove they were not paying attention to the road. Understanding how to obtain and use this evidence strengthens accident claims.
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Distracted driving accidents occur when drivers divert attention from the road to other activities. Cell phone use creates visual, manual, and cognitive distraction simultaneously. Drivers looking at screens take their eyes off the road, hands off the wheel, and minds off driving. This triple threat makes texting and driving particularly dangerous. Distracted driving accidents are preventable tragedies caused by drivers who choose convenience over safety.
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The Texas Department of Transportation reports that distracted driving contributes to hundreds of deaths and thousands of injuries annually. Despite laws prohibiting texting while driving, distracted driving accidents continue to increase as smartphone use expands. Proving distracted driving caused an accident allows victims to hold negligent drivers accountable.
Types of Driver Distraction
Driver distraction takes three forms, and the most dangerous activities combine all three. Understanding these categories helps identify negligent behavior.
Visual distraction occurs when drivers look away from the road. Checking phones, looking at passengers, reading billboards, and rubbernecking at other accidents all create visual distraction. Even brief glances away from the road at highway speeds mean traveling significant distances blind.
Manual distraction happens when drivers remove their hands from the steering wheel. Holding phones, eating, drinking, adjusting controls, and reaching for objects create manual distraction. Drivers cannot respond quickly to hazards without their hands ready on the wheel.
Cognitive distraction exists when drivers’ minds focus on something other than driving. Phone conversations, emotional distress, daydreaming, and engaging with passengers all produce cognitive distraction. Distracted drivers may look at the road without actually processing what they see.
Texting while driving combines all three types of distraction. Drivers must look at screens, hold and manipulate phones, and focus mentally on communications. Studies show that texting drivers are 23 times more likely to crash than attentive drivers.
Texas Distracted Driving Laws
Texas prohibits texting while driving statewide. Understanding these laws helps establish negligence when violations cause accidents.
The Texas Transportation Code bans reading, writing, or sending electronic messages while operating a motor vehicle. Violations constitute misdemeanors punishable by fines. Violations that cause death or serious injury carry enhanced penalties.
School zone restrictions prohibit all cell phone use while driving through active school zones. Hands-free exceptions do not apply in school zones. Enhanced penalties apply for school zone violations.
Local ordinances in many Texas cities go further than state law. Austin, San Antonio, and other cities ban handheld cell phone use entirely while driving. These ordinances create additional grounds for establishing negligence.
Obtaining Cell Phone Evidence
Proving a driver was using their phone when an accident occurred requires obtaining phone records and other evidence. Several sources provide this information.
Cell phone records from carriers show call times, text message times, and data usage. Subpoenas compel carriers to produce these records during litigation. Records showing activity at the time of the crash prove distraction.
Phone examination by forensic experts reveals app usage, social media activity, and other information not shown in carrier records. Experts can determine what the driver was doing on their phone at the moment of impact.
Witness testimony from passengers and other drivers may establish phone use. Someone who saw the driver looking at their phone before the crash provides powerful evidence.
Dashcam and surveillance video sometimes capture drivers using phones. Footage showing the driver’s hands or face looking down supports distraction claims.
Injuries from Distracted Driving Accidents
Distracted drivers often cause high-speed collisions by failing to brake before impact. The resulting injuries tend to be severe.
Traumatic brain injuries occur when collision forces cause the brain to strike the skull. Concussions, contusions, and diffuse axonal injuries all result from distracted driving crashes. TBI symptoms may persist for months or years.
Spinal injuries affect the neck, back, and spinal cord. Distracted driving rear-end accidents commonly cause whiplash and herniated discs. Severe crashes produce spinal fractures and paralysis.
Broken bones result from the forces generated in distracted driving collisions. Legs, arms, ribs, and pelvis fractures require surgical repair and extensive rehabilitation.
Internal injuries from blunt force trauma damage organs and cause internal bleeding. These injuries may not be immediately apparent but can be life-threatening.
Compensation for Distracted Driving Victims
Texas law allows victims of distracted driving accidents to recover full compensation for their injuries. Proving the other driver was distracted strengthens these claims significantly.
Medical expenses cover all treatment related to accident injuries. Emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment all require compensation.
Lost wages replace income missed during recovery. When injuries cause permanent disability, lost earning capacity claims address future financial harm.
Pain and suffering damages compensate for physical pain and emotional distress. The severity of injuries and their impact on quality of life determine these damages.
Punitive damages may be available when distracted driving was particularly egregious. Drivers who cause crashes while watching videos or engaging in extended text conversations may face punitive liability.
Get Legal Help After a Distracted Driving Accident
The car accident attorneys at Shaw Cowart know how to prove distracted driving and maximize compensation for victims. We obtain cell phone records, work with forensic experts, and build strong cases against negligent drivers.
If a distracted driver injured you, contact Shaw Cowart today for a free consultation.