Tag Archive for: Distracted Driving

If I’m in an Accident, Should I Tell the Police I Was on My Phone?

One of the top causes of car accidents in the U.S. is the use of cellphones. In fact, the National Safety Council reports that those who text while driving are up to 23 times more likely to be involved in an accident, and it further reports that “multitasking is a myth.”

However, the fact that cellphones are so dangerous – and that many states have passed laws to deter drivers from using their cellphones – is doing little to solve the problem. Drivers on their phones are still causing accidents on a routine basis. So how could your claim be affected if you were on your phone at the time of an accident?

Filing a Police Accident Report and Insurance Claim After Your Crash

One big mistake that drivers make after a crash is misrepresenting what happened or who was at fault. Here are three extremely important things you should know about reporting your accident:

  • Although you should never assign fault after a crash – either to yourself or to the other driver – you should stick to the facts.
  • If you are asked a question to which you do not know the answer, you should say, “I don’t know.”
  • If you are asked a question that could lead to your culpability, you should refrain from answering and speak to your attorney.

How Being on Your Cellphone May Affect Your Claim

Texas is an at-fault car insurance state. In other words, those who cause accidents have to pay for them (typically, through their car insurance). As such, if you were on your cellphone at the time of the crash, and if your distraction caused or contributed to your accident, you could be held liable for damages.

However, just because you were on your phone does not mean the other driver did not contribute to the accident. Texas also has proportionate responsibility (or modified comparative fault) laws, which means that you could recover compensation even if you were partially at fault for the accident. However, your damages could be reduced in proportion to your degree of fault. (This is assuming that you are not more than 50 percent at fault for the crash.)

If You’re in a Car Accident in Texas, Contact Us Today

Even if you were on your phone at the time of your crash, you may still have a right to compensation. How you handle your claim and the evidence available in your crash will make all the difference.

Contact us today to discuss your case in a free consultation, and find out how we can help protect your rights.

The Dangers of Distracted Driving

Although car crashes and collisions can happen to even the safest of drivers, there are certain behaviors that increase your risk. Distracted driving in Texas continues to be a problem, and it is cited as a major contributing factor in an increasing number of car accidents and injuries that occur each year. April is Distracted Driving Awareness Month, and although engaging in any type of activity that diverts your attention behind the wheel is dangerous, the use of cellphones and texting is of particular concern. Despite the efforts of law enforcement and increased public awareness, the truth is that texting and driving continues to occur, and for young people in particular, the results can be devastating and tragic.

The Dangers of Distracted Driving

In honor of National Distracted Driving Awareness Month, the Texas Department of Transportation (TxDOT) is continuing its “TALK. TEXT. CRASH.” campaign, raising awareness of the dangers posed by distracted driving and encouraging drivers to not use cellphones behind the wheel. According to TxDOT, more than 100,000 car accidents occur each year due to distracted driving, resulting in serious and potentially life-threatening injuries for thousands of drivers and their passengers. TxDOT states that distracted driving in Texas includes the following:

  • Eating and drinking behind the wheel
  • Changing radio stations or GPS settings
  • Putting on makeup or other personal grooming
  • Surfing the internet or posting to social media

While simply engaging in conversation with other passengers could divert your attention long enough to cause an accident, the number of people texting and driving in Texas is a major concern. TxDOT estimates that close to 40 percent of drivers in the state admit to using their cellphones while driving, and one in five drivers admits to sending or reviewing text messages behind the wheel. Young people in particular are more  likely to engage in texting and driving, and the Centers for Disease Control and Prevention (CDC) reports that drivers younger than 20 represent the highest segment of the population when it comes to fatal distracted driving accidents.

How Sleep Deprivation Affects Your Child’s Judgment

While CDC studies show two out of every five high school students admit to texting and driving despite being aware of the potential dangers, a new study links this lack of judgment to a lack of sleep. A 2016 CDC study on sleep deprivation and high-risk behavior among teens reports that teenagers who got seven hours of sleep or less each night were more likely to engage in dangerous and potentially deadly behaviors, such as not wearing a seatbelt, riding with a driver who has been drinking, and texting and driving. What can parents do to help prevent their children from either causing a tragedy or being injured themselves? The CDC and TxDOT recommend the following actions:

  • Talk to your teen about the dangers of distracted driving and cellphone use.
  • Make sure they get plenty of rest, and limit their driving time on weekdays and school nights.
  • Use a phone app, such as the ones recommended by Consumer Reports, to disable texting while driving.
  • Instruct your teen to either wait until the car is stopped to check or send a text, or to safely pull over before responding.

Let Us Assist You Today

If you or someone you care about has been injured as the result of distracted driving in Texas, contact The Bob Richardson Law Firm today. We provide aggressive legal representation to assist you in holding responsible parties accountable, so that you can pursue the compensation you deserve. We serve Austin, Waco, and the surrounding Texas areas. Call or contact us online today for a free case consultation.