Distracted driving continues to be a growing problem, despite the laws prohibiting texting and driving in Texas and most other states.
Distracted driving accidents not only cause injuries and fatalities to the distracted driver but also to other motorists. When a driver does not take reasonable measures to avoid causing an accident, they are liable for the damages to Austin car accident injury victims.
Examples of Distracted Driving In Austin Car Accidents
National Highway Traffic Safety Administration (NHTSA) studies show that at 55 miles per hour, a car travels the length of a football field during the five seconds it takes to read an average text message—all while the driver’s eyes and attention are away from the road.
Distracted driving accident numbers have ballooned since smartphones became central to American lives but there are many distractions that cause accidents. The NHTSA describes distracted driving as any activity that diverts a driver’s attention from the road and the task of operating a vehicle. Common types of distracted driving in Austin and elsewhere include:
- Texting and driving
- Making hands-on phone calls
- Setting a GPS
- Selecting a playlist or podcast
- Checking notifications or emails
- Scrolling through social media
- Watching videos
- Taking photos or videos
- Eating or drinking
- Reaching for dropped objects
- Applying makeup or grooming hair
- Adjusting a sound system
- Interacting with children or other passengers
A distracted driver may miss traffic signs or fail to see road hazards or approaching vehicles while their eyes and attention are elsewhere.
What Types of Accidents Result From Distracted Driving?
Young, inexperienced drivers most commonly cause distracted driving accidents, but drivers of all ages may make this error—sometimes with tragic results. Accidents that commonly result from distracted driving include rear-end collisions, T-bone accidents in intersections, sideswipe accidents, head-on collisions, and roadway departures.
When a distracted driver causes an accident in Austin, they are liable for damages like property damage, the injury victim’s medical expenses, lost wages, and compensation for pain and suffering in an accident claim.
Similarly, truck accidents can occur when truck drivers are distracted, fatigued, or fail to follow safety regulations, leading to devastating consequences due to the size and weight of commercial vehicles. A truck accident lawyer in Austin can help victims by investigating the accident, determining liability, and fighting to secure full compensation for their losses, including long-term medical care and rehabilitation.
Comparative Negligence and Distracted Driving In Austin
Unlike the handful of no-fault insurance states, in Texas, it matters who causes a car accident. Drivers have a legal duty to take all reasonable actions to prevent causing an accident. If they breach this duty by engaging in distracting activities while behind the wheel, they are liable for damages under the state’s modified comparative negligence insurance laws. Under this law, as long as an injury victim is less than 51% at fault for an accident, they may recover compensation from the at-fault driver’s insurance company. If they contributed to the cause or severity of the accident, the insurance company subtracts their percentage of fault from their compensation.
How Can a Distracted Driving Accident Attorney In Austin Help?
Insurance companies sometimes protect their profits at the injury victim’s expense. Assigning an undue portion of responsibility for an accident to an injury victim is one method they use to reduce payouts on claims—even if their policyholder was distracted and caused the accident. Instead of dealing with a complex accident claim without legal representation, call Shaw Cowart LLP and then direct all communication with the insurance company to your lawyer.