Distracted Driving Accident Attorney in Houston, TX
You’re driving along on Loop 610 outside of Houston. You notice a car swerving from lane to lane in your rearview mirror. The driver’s head is down, like they’re looking at something, possibly a cellphone. Next thing you know, your vehicle is getting rammed from behind, and you’re losing control on the highway. Because of this accident, you have broken bones and panic attacks. You need a Houston distracted driving accident lawyer who can get you justice.
The Law Offices of Tad Nelson & Associates has over 35 years of experience. We can be your Houston car accident lawyer, advocating on your behalf. Distracted drivers are everywhere, causing accidents all over Houston’s roadways. You shouldn’t have to suffer. Our former clients say that we’re friendly and helpful, and we strive to approach every client with the compassion they deserve to get them their desired results.
What Is Distracted Driving?
Distracted driving is when you are doing something else in addition to driving. You lose your focus on the road or operating your vehicle because you’re distracted by something else. These days, the majority of distracted driving involves cell phones. Some people perform the following tasks on their phones while driving:
- Texting
- Checking social media
- Reading emails or other messages
- Scrolling through apps
- Making phone calls instead of using a hands-free method
There are other examples of distracted driving that don’t include a cell phone:
- Talking to passengers in the car
- Eating or drinking
- Retrieving something that has fallen
- Reading papers or a book
- Putting on makeup or checking your reflection
All these activities take your attention away from driving safely. Distracted driving has been compared to drunk driving. Studies have found that you have the same reaction time while texting as you do after having four beers in an hour.
Distracted Driving Accident Laws in Texas
The Texas Transportation Code 545.4251 details how the use of an electronic handheld communication device for electronic messaging is unlawful. Here are the key points of the law:
- You cannot read or write text messages while driving on a handheld device. You are allowed to use Bluetooth technology to read your messages to you and verbally compose a response.
- Drivers under 18 years of age can’t use a cell phone at all while driving.
- You’re prohibited from using a cell phone in a school zone. Your fine can be increased in this area.
- You can use your cell phone to report an emergency or call 911.
- Some cities in Texas have additional ordinances for cell phone use, but Houston is not one of them.
- If you are caught using your cell phone while driving, the fine can be up to $200, depending on where you are and if you’ve been cited before.
Even though this law is in place in Houston, people continue to use their cell phones and do other distracting tasks while driving. It’s a problem in Texas and across the U.S.
Distracted Driving Statistics
According to the National Highway Traffic Safety Administration (NHTSA), in 2023, there were 3,275 deaths related to distracted driving, which accounted for 8% of all fatal crashes across the country. The NHTSA has started a Put the Phone Away or Pay campaign to remind everyone of the dangers of driving while distracted.
In a data analysis released by Cambridge Mobile Telematics, 34% of drivers were distracted one minute before they crashed. These drivers weren’t always distracted by a text message or their navigation. Instagram was the most used app in these accidents.
Here in Texas, in 2024, 1 in 5 accidents was caused by distracted driving, and 373 people died in accidents with distracted driving, while 2,587 were seriously injured. This is almost 3,000 Texas families forever affected by someone looking at their cell phone instead of the road or losing their focus for a split second.
Were You Injured by a Distracted Driver in Houston?
With statistics like this, you may have been injured by a distracted driver. If that’s happened, you can pursue a personal injury case. The driver may have been negligent because they were distracted. This means they are at fault for the accident that caused your injury. Since you weren’t responsible, their insurance company can compensate you for your injuries and any issues that have arisen after those injuries.
According to Texas Civil Law, Section 16.003, the statute of limitations for filing a personal injury claim is two years from the accident. It’s important to start the process as soon as possible to be within the timeline. You should hire a distracted driving accident lawyer to help you through each step. Confronting the big insurance companies can be a daunting task. Let a knowledgeable attorney with experience in personal injury law advocate for you.
Steps After Your Accident to Improve Your Distracted Driving Accident Claim
Being in a car accident can be overwhelming and painful, but there are a few things you can do to increase the chances of a favorable outcome in your case.
- Call 911 immediately. The Houston Police can document the scene of the accident in their reports. This is vital information for later when proving who was at fault for the accident. This call can alert the ambulance to come and assess your injuries.
- Seek medical attention. You must have your injuries assessed and treated as soon as possible. This may be at the scene, at the hospital, or even at urgent care. Having documentation about your injuries is crucial to your case. Your medical record and the costs you incurred because of your injuries can be key components of your distracted driving accident attorney’s strategy.
- Exchange insurance information with the distracted driver. As with any accident, you should write down or take a picture of the other driver’s insurance information. Note the company from which they’ve purchased their policy. Don’t say anything else to this person; only exchange the information. Your words can be used against you, which is why you should keep the exchange simple.
- Take pictures of the scene if you’re able. Documenting everything through photos can be very helpful to your personal injury lawyer. These images can show your car, the other driver’s car, the roadway, the area, your injuries, and any other details you feel could be important.
- Gather witness contact information. When you’re in a car accident, some drivers who saw it often stop to help or stay on the scene. If there are witnesses to you getting hit by a distracted driver, ask for their contact information, so they can be interviewed later about what they saw.
- Request a police report. As mentioned, the Houston Police document your accident through a police report. They may also have experts who can reconstruct the accident to determine what exactly happened. You’re entitled to the report, which can help prove who is at fault. A skilled attorney can also get these reports and other records from the Houston Police.
- Collaborate with your lawyer. After you’ve hired a distracted driving accident lawyer, you should work closely with them to build a personal injury case. You may be overwhelmed by the process of healing and the trauma of being in an accident. It’s important to focus on how to get results for a brighter future.
- Negotiate with the insurance company. Once all the evidence is gathered and you have a strong personal injury case, your attorney can contact the distracted driver’s insurance company. Negotiations begin to come to an agreement about compensation. Many factors are taken into consideration to agree to a settlement.
- Go to litigation. If negotiations break down and a settlement cannot be agreed upon, the case enters litigation, where your attorney argues in front of a judge on your behalf. The judge decides if the insurance company is going to pay you and how much you are entitled to.
Proving Distracted Driving in Houston
Proving distracted driving shows that the other driver was negligent while operating a motor vehicle. For your case, you want evidence that the accident was their fault. Here are some ways to prove there was distracted driving involved in your crash:
- Cell phone records
- Traffic cameras
- Security footage from nearby businesses
- Witnesses
- Analysis by an expert, like accident reconstruction
- Police reports
- Vehicle data. Some cars have advanced computer systems that show specific data, like speed and braking.
To prepare a distracted driving case, your lawyer and their team can track down as much evidence as is needed.
Compensation for Your Distracted Driving Accident
When you’ve been hurt in a car accident, you can seek compensation for the lasting effects of your injuries. The broken bones and stitches can heal, but they leave behind other long-term issues that will need to be addressed. You can ask for a settlement that covers you financially for the following factors:
- Medical bills for surgeries, doctors’ appointments, medications, rehabilitation stays, and other health care costs
- Lost wages for when you couldn’t go to work because of your injuries
- Loss of future earnings. You may lose your job or have to quit due to the physical demands.
- Mental health. Post-Traumatic Stress Disorder (PTSD) can be common in the aftermath of a car accident. You can develop anxiety and/or depression.
- Property damage to your car and the items inside
- Overall pain and suffering
Every personal injury case is different, making the compensation different, too. Your experienced lawyer can make sure you get what you deserve and don’t take the first low offer from the insurance company.
FAQs
Q: What Are the 3 Types of Distraction While Driving?
A: The 3 types of distracted driving are visual, manual, and cognitive. Visual distraction happens when you look away from the road. When you take one or both hands off the steering wheel, that’s considered manual. Cognitive distraction relates to your focus. You may be daydreaming or thinking about what you need from the grocery store. All three of these types can lead to an accident. Looking at your cell phone while driving involves all three at once.
Q: Can I Text at a Red Light in Texas?
A: No, it is illegal to use a handheld device while driving in Texas, including at a red light. A Houston Police officer can issue you a citation if they see someone texting or using their phone for any reason at an intersection. This citation carries a fine of up to $200. The only time you can use a cell phone at a red light is if you’re calling 911 to report an emergency.
Q: How Long Does It Take to Resolve a Distracted Driving Case in Houston?
A: Every case is different, and the amount of time depends on the details of your case. If your Houston distracted driving accident attorney provides the insurance company with adequate evidence, the negotiations for a settlement can be quicker. Some cases are far more complex, involving extensive medical bills or time spent reviewing traffic and security cameras around the scene of the accident.
Q: Do I Need a Distracted Driving Accident Lawyer?
A: Yes, you need a skilled personal injury lawyer on your side to help prove your distracted driving claim. An attorney knows what evidence you need and how to speak to the big insurance companies. If you choose to tackle your case on your own, you can make a mistake that could cost you thousands of dollars. Take your time to heal, and allow a professional to craft a plan that can get you the results you need.
Hire a Distracted Driving Accident Attorney in Houston
At The Law Offices of Tad Nelson & Associates, we take your injuries very seriously. Being involved in a motor-vehicle accident can be life-changing, affecting your body and mental health. You deserve justice with your distracted driving accident claim. We offer an insightful and hands-on approach to all of our clients. Through the entire process, we stand by you with insight and honesty. Contact us today to schedule a consultation to review your case.