A significant drawback of our current culture is the large number of distractions that grab our attention throughout the day. Whether it be texts, emails, or social media accounts, the amount of constant information coming at a person makes it extremely difficult to concentrate on a single task, no matter how important. One area where this disconnect is particularly concerning is driving. However, driving in a reasonable and prudent manner generally avoids accidents in the vast majority of cases.
Driving responsibly – at a minimum – means keeping one’s eyes on the road and paying attention to the location and movement of cars and pedestrians in the area. Distracted driving has become a huge problem that cuts across generational lines, presenting a real danger to other commuters on the road.
Isn’t this type of activity illegal?
The majority of states have enacted laws that make using certain features of a smartphone illegal while driving. In some states, it is only a secondary offense, meaning that those caught will only receive a traffic citation and only if they are caught committing a primary offense, such as speeding. This makes enforcing these laws difficult; hence the number of drivers who still engage in these dangerous activities.
In Texas, engaging in distracted driving behavior is a primary offense, which means police can stop you for just that activity.
How does a lawyer prove liability?
Proving negligence will depend upon the facts of each case, but a few general rules provide a basic strategy a Houston, TX auto accident lawyer will use to prove liability. The first of these measures is to bring in an accident reconstruction expert to testify about the sequence of events that likely led to the accident, including whether texting or other driver distractions appear to have occurred.
In addition, gathering evidence from the accident scene itself is particularly useful in many cases. Taking pictures and/or videos of tire marks, damage, and placement of each vehicle, including the interior of the other driver’s car, often yields a lot of information. Police reports and private surveillance videos from nearby businesses are also potential sources of strong evidence that personal injury will look to incorporate into the evidence presented at trial. A victim’s attorney can also file a motion to access the at-fault driver’s cell phone records to show they were using their phone at the time of the crash.
Driving is an inherently dangerous activity and always presents the possibility of a car accident will occur. An auto accident lawyer in Houston, TX has represented many car accident victims who were injured because of a negligent or reckless driver. One of the most common causes of car crashes in Texas is distracted driving, and it is one cause that is becoming more and more frequent, despite the knows dangers.
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If you have been injured in a vehicle accident, contact John K. Zaid & Associates to meet with a seasoned Houston, TX auto accident lawyer and find out what legal options you may have.