- 1. Hurt by a Distracted Driver? Crosley Law Can Help
- 2. San Antonio Distracted Driving Accident Lawyers That Get Results
- 3. Proving a Driver Was Distracted Isn't Always an Easy Task
- 4. How Common Are Distracted Driving Accidents?
- 5. What Counts as Distracted Driving?
- 6. Are There Any Laws Against Distracted Driving in Texas?
- 7. What Steps Should I Take After a Distracted Driving Car Accident?
- 8. Crosley Law: Fighting for Distracted Driving Accident Victims
Hurt by a Distracted Driver? Crosley Law Can Help
Distracted driving has reached epidemic proportions in Texas and across the country. Fatigue, cell phone use, eating, drinking, and other driver distractions contribute to thousands of traffic deaths and serious injuries each year.
If you or a loved one were injured in a serious accident with a distracted driver, you have every right to be upset—and every right to seek fair compensation for your medical bills, lost wages, and other damages.
Unfortunately, proving that the other driver was not only distracted, but at fault, isn’t always an easy process. It often takes a detailed investigation, questioning witnesses, and even sophisticated tactics to get the at-fault driver’s insurance company to do the right thing.
That’s why hiring an experienced distracted driving accident attorney, like those at Crosley Law, can be the difference between maximizing your recovery or walking way with little to nothing.
San Antonio Distracted Driving Accident Lawyers That Get Results
The Crosley Law team has established a remarkable track record, delivering huge wins for victims of distracted drivers. Here are just a few examples of big wins we’ve achieved for our clients:
- Policy limits settlement after a driver runs over a pedestrian. Stuart, a college professor, had his feet run over in a parking lot by a distracted driver who was not only texting and driving, but was also speeding and not using his headlights or windshield wipers even though it was raining. Our team not only settled Stuart’s claim for the policy limit maximum, but also negotiated significant discounts from his health insurers.
- Sophisticated tactics uncover a trucker’s negligence. Our client, J.T., was sideswiped by an 18-wheeler that had suddenly and unexpectedly veered into his lane. During our investigation, we uncovered many troubling facts about the truck driver. His cell phone records confirmed he was using his phone at the precise time of the crash. We eventually settled J.T.’s case for more than five times what the insurance company initially offered.
- Crosley proves negligence in distracted driving case. Our client, Karen, was injured when she slammed into a car that had stalled and was blocking both lanes of traffic. It was night, and the car had no lights on. The insurance company initially denied Karen’s claim, arguing that she was at fault. However, our investigation showed that not only was the crash unavoidable, but the other car stalled in the first place because the driver had been texting and driving, lost control of the vehicle, and hit a cement barrier.
Proving a Driver Was Distracted Isn’t Always an Easy Task
We know that a significant percentage of car accidents are caused by distracted driving. However, proving the at-fault driver wasn’t paying attention to the road at the time of the crash can be challenging.
Sadly, it’s common for at-fault drivers to fudge the truth when explaining their actions. We’ve heard all the excuses. “My brakes locked up.” “Somebody else cut me off.” Even “I lost control of my legs.” And plenty of others.
These excuses are extremely frustrating. But without hard evidence supporting your claim, they can be difficult to overcome. And because insurance companies will look for any reasonable grounds to reduce or deny a claim, they will often deny that their driver was distracted—or even try to pin the blame on you.
Crosley Law Uses Sophisticated Tactics to Prove Distracted Driving
To fight against dishonest drivers, unfair claim denials, and lowball settlement offers, Crosley Law takes a comprehensive and aggressive approach to handling distracted driving cases. Tactics we may use include:
- Obtaining cell phone records. These records can show whether the driver was texting, talking on the phone, or using data at or around the time of the crash.
- Obtaining event data recorder information. Most modern vehicles have data recorders that save information about a driver’s actions leading up to a crash. Reviewing this data can help us tell how fast the driver was traveling, when they applied the brakes, if they suddenly swerved, etc.
- Obtaining camera footage. It’s possible that a dashcam or surveillance camera at a nearby home or business may have captured the accident. If such footage exists, it’s important to identify and obtain it promptly, before the files are deleted.
- Conducting detailed depositions. During an investigation and subsequent personal injury lawsuit, our attorneys will talk to eyewitnesses—including the other driver. Armed with evidence from our investigation (and years of experience), we are often able to expose any inaccuracies and inconsistencies in the at-fault driver’s story.
- Working with expert witnesses. Crosley Law attorneys work alongside accident reconstruction experts who can analyze skid marks, vehicle damage, debris patterns, event recorder data, and other evidence to show that the other driver was likely distracted at the time of the crash.
- Conducting background checks. If the other driver has a history of prior accidents, citations, or convictions, we’ll find it. While this might not seem immediately relevant, the burden of proof in personal injury cases is lower than criminal cases. Establishing a pattern of bad behavior increases the likelihood that an insurance company or jury will believe that the car accident was caused by the other driver’s distraction or negligence.
How Common Are Distracted Driving Accidents?
The statistics are sobering.
According to the Texas Department of Transportation, around 20% of car crashes in Texas in 2021 were caused by a distracted driver.
The National Highway Traffic Safety Administration reports that more than 3,000 people lost their lives in distracted driving crashes in the United States in 2020.
And while nearly everyone agrees that texting while driving is “very or extremely dangerous,” more than half of drivers do it anyway.
What Counts as Distracted Driving?
In the simplest sense, “distracted driving” occurs any time a driver’s attention is directed away from the task of operating the motor vehicle in a safe manner. That’s a very broad definition, though, so it’s helpful to categorize distractions into three major categories:
- Visual distractions: anything that takes the driver’s eyes off the road. This could be looking at a GPS system or map, turning to speak with someone in the back seat, or even gawking at a billboard.
- Manual distractions: anything that takes the driver’s hands off the steering wheel. Examples include making a phone call, eating or drinking, adjusting the radio, or grabbing something out of the glove compartment.
- Cognitive distractions: anything that takes the driver’s mind off the task of driving. This could be having an in-depth conversation with passengers, emotional stress, fatigue, or daydreaming.
Are There Any Laws Against Distracted Driving in Texas?
Texas has several state laws on the books that are meant to discourage and deter distracted driving. Most of these laws deal with cell phone use.
Most importantly, Texas drivers cannot send or read electronic messages (texts, emails, etc.) while driving. Further, any use of a handheld device, for any reason, is forbidden if any of the following situations apply:
- You are under 18 years old
- You obtained your learner’s permit within the last six months
- You are driving in a school zone
- You are a school bus driver and children are present
Additionally, individual cities can pass their own, even more restrictive ordinances. In our home city of San Antonio, for example, drivers are not allowed to use a handheld device, including to make phone calls, while holding it. It must be affixed to the vehicle using a hands-free setup.
Keep in mind, though, that the threat of fines, and the high risk of crashes, have so far done little to fix the underlying problem.
What Steps Should I Take After a Distracted Driving Car Accident?
After any car accident, taking the following steps (if you can do so safely) is highly recommended:
- Contact the police and request an accident report.
- Obtain contact and insurance information from the other driver.
- Get names and contact information eyewitnesses.
- Take photos of the accident scene, such as vehicle damage, debris, skid marks, and road conditions.
- Take photos of any noticeable injuries you sustained.
- medical care as soon as possible. Even minor symptoms may get worse with time—and the longer you wait to see a doctor, the more likely the insurance company will question your credibility.
- Contact an attorney as soon as possible for a free consultation.
Never admit fault or give any recorded statements to the insurance adjuster. It’s far better to talk with an experienced car accident lawyer first. They can advise you on how to proceed with your insurance claim or handle it on your behalf.
Crosley Law: Fighting for Distracted Driving Accident Victims
If you or a loved one have been injured in a car accident caused by a suspected distracted driver, contact our law firm right away by calling 210-LAW-3000 | 210-529-3000 or filling out our brief contact form. We offer a free initial consultation and work on a contingency fee basis, meaning you only pay us if we win your case.
Texas Department of Transportation. Texting and cellphone laws—distracted driving. Retrieved from https://www.txdot.gov/safety/driving-laws/texting-cellphone-laws.html
Texas Department of Transportation. Talk. Text. Crash. Retrieved from https://www.txdot.gov/safety/traffic-safety-campaigns/distracted-driving.html
AAA. (1 April 2021). New AAA Survey Reveals Half of Drivers Admit to Being “Intexticated” When in Car Alone [press release]. Retrieved from http://newsne-aaa.iprsoftware.com/news/new-aaa-survey-reveals-half-of-drivers-admit-to-being-intexticated-when-in-car-alone
Stewart, T. (2022, March). Overview of motor vehicle crashes in 2020. (Report No. DOT HS 813 266). National Highway Traffic Safety Administration. Retrieved from https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813266
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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