Distracted Driving Accident Lawyer in Mesquite

Standing Up for Injured Clients

According to the Texas Department of Transportation (TxDOT), distracted driving causes at least one in five crashes, mainly due to electronic devices like texting while driving. Recent legislation now imposes serious penalties for drivers who take their eyes off the road.

Texas Distracted Driving Laws

In 2019, Texas enacted a law banning drivers from using portable wireless devices for electronic messaging while operating a vehicle. Texting while driving is illegal unless the vehicle is parked or the driver is using a hands-free device.

New drivers with learner’s permits cannot use a cell phone during their first six months. Licensed drivers under 18 are prohibited from using handheld devices. Additionally, no one can use a handheld device in a school zone, and school bus drivers must refrain from using electronic devices when children are present.

Distracted driving can occur for various reasons beyond smartphone use. Activities like eating, talking to passengers, applying makeup, or even daydreaming can divert attention and lead to serious accidents. If a distracted driver causes a crash, they can still be held financially responsible.

Penalties for Distracted Driving in Texas

Texas imposes significant penalties for distracted driving. A first offense can lead to a misdemeanor charge and a fine of $25 to $99. Subsequent offenses can result in fines up to $200.

If a driver causes death or serious injury, they may face a Class A misdemeanor charge, with penalties including fines up to $4,000 and possible jail time. There may also be other consequences, such as license suspension or points added to a driver’s record, which in turn could lead to higher insurance rates and could make it harder to take advantage of job opportunities that require a clean driving record.

Your Rights After a Distracted Driving Accident

If a distracted driver injured you, you could pursue compensation for your medical bills, lost wages, property damage, pain and suffering. Typically, the at-fault driver’s insurance covers these costs.

If the driver is underinsured or uninsured, you can file a claim with your own auto insurance. Consulting a distracted driving accident attorney can help you explore your options for pursuing a personal injury lawsuit against the negligent driver.

Can I Get Compensation if I Was Partially at Fault?

Texas follows modified comparative negligence rules for determining liability in accidents. You can still recover compensation if you are less than 50% at fault.

For instance, if you are 35% at fault, you can still recover damages, but your compensation will be reduced by that percentage. However, if you are 50% or more at fault, you cannot seek any compensation. This highlights the need to hire a skilled personal injury lawyer who can help minimize your liability and maximize your compensation.

At Oberg Law Office, we provide strong legal representation for injured clients in Mesquite and the surrounding areas. If you’ve been hurt in a distracted driving accident, don’t navigate this alone. Insurance companies often seek to minimize payouts. Our team can handle every aspect of your case, ensuring you receive the settlement you deserve.

Call our law firm at 972-672-9700 for a free case review.