Dallas Cell Phone Car Accident Attorney
The vast majority of people cannot imagine their lives without cell phones, because these electronic devices have become an essential part of our everyday life. And for some people, using a cell phone becomes so addictive that they cannot put it away even when driving.
Yes, we have all seen drivers who keep checking their cell phones for notifications – or worse, reading and sending text messages – while operating a vehicle. In fact, some of you might even admit to using a cell phone while driving, too.
Using a cell phone while operating a car is a form of distracted driving and is one of the leading causes of car accidents in Dallas and all across Texas. “If you were injured a car crash involving a driver distracted by his or her phone, you may be entitled to seek compensation for your injuries and damages,” says our Dallas cell phone use car accident attorney at Law Office of Dorothy Hyde.
How cell phone use amounts to negligent driving
A sure-fire way to recover damages through a personal injury lawsuit against the distracted driving is proving that the defendant (the driver who caused the accident) was careless or negligent because he or she was using a cell phone.
In Texas, it is prohibited by law to read, write, or send electronic messages via a wireless communication device. Our experienced cell phone use car accident attorney in Dallas reminds that it is still legal to use your phone to talk hands-free.
More often than not, in order to get compensated for your injuries in a car crash caused by a distracted driver, you will have to demonstrate evidence that the driver was negligent or careless in any or several of the following ways:
- Operating a vehicle with only one hand on the steering wheel (the other one holding a cell phone and/or typing a text message)
- Taking eyes off the road to reach for a cell phone, dial a number, read a text message, send a text message, watch a video, browse social media feed, etc.
- Failure to stay vigilant and pay attention to one’s surroundings because of distractions caused by a cell phone (interestingly, a driver can be found guilty of “negligent driving” even if he or she got distracted by a passenger’s cell phone) and
- Failure to stay focused on the road and failure to continue driving safely because of distractions caused by a conversation on a cell phone, even when using a “hands-free” device, which is not banned in Texas
Liability in cell phone use car accidents
Just because there is evidence that the other motorist used his or her cell phone prior to or during the car accident does not necessarily mean that you are guaranteed to be compensated for your financial losses and damages.
Our Dallas distracted driving accident attorney explains that when a car crash is caused by a motorist distracted by a cell phone or any other electronic device, you will have to provide evidence that (a) using the cell phone distracted the driver or caused careless driving, and (b) that this distracted driving was the primary or contributory cause of the crash.
In many cases, the injured party may be held partially at fault for the accident even when other party was distracted by a cell phone. In other cases, you may be able to hold a third party responsible. For example, if the distracted driver caused the accident as part of running errands for his or her employer or in the course of his or her employment duties, that driver’s employer may be responsible for compensating you for your losses and damages.
As you can see, each case is unique, which is why it is a good idea to consult with a skilled car accident lawyer who would determine liability in your particular situation. Schedule a free consultation by contacting Law Office of Dorothy Hyde today. Call our offices at (214) 883-1700.