Distracted driving is among the most common causes of traffic collisions, not just in the Lone Star State but across the entire United States, as well as in many other parts of the world. Despite that, many legal codes—including our own—do not directly define distracted driving as a moving violation except under very specific circumstances, which can make it harder than you might expect to hold a distracted driver legally at fault for a crash.
Support from skilled legal counsel is virtually always helpful when it comes to seeking financial recovery in the wake of an auto wreck, but it can be particularly important during claims built around distracted driving car accidents in Houston. If you were injured recently because another driver was not paying attention to the road, contacting a trusted car accident attorney from Mostyn Law should be among your top priorities.
While Texas state law expressly prohibits people from reading, writing, or sending electronic text messages while driving, most other forms of distracted driving do not have any specific state statute making them illegal, including:
This certainly does not mean you cannot sue someone for causing a wreck in Houston and injuring you for driving while distracted in one of these ways, but it does mean there may not be a specific traffic citation in a police accident report that you can use later as evidence to prove someone else was negligent behind the wheel. Instead, you may need to prove on your own that the person to blame for your crash caused it to occur through their own distracted driving—something which our auto accident attorneys can provide invaluable assistance with.
Our team can also help improve your chances of obtaining comprehensive financial recovery after a distracted driving car wreck in Houston by fighting any accusations of “comparative fault” made against you. In legal terms, “comparative fault” is the degree to which an injured person is to blame for causing their own injuries through their own misconduct, and under state law, courts can reduce the total amount of civil compensation available to someone or even deny them compensation altogether based on the percentage of fault they assign to that person.
With this in mind, people who negligently cause wrecks in Texas often attempt to shift blame towards the person or people suing them, to minimize their own financial liability. Their insurance providers will often do the same for the same reasons. Working with a dependable legal professional from Mostyn Law is key to neutralizing this defense strategy and maximizing the amount of money you are able to obtain for your losses.
Distracted drivers put themselves and everyone around them in harm’s way every single time they let their attention drift towards anything other than the road ahead of them. If you were hurt because someone else acted irresponsibly, they—and not you—should be the one who pays financially for the harm you have unjustly sustained.
Our attorneys can provide the custom-tailored support you need to ensure that the right people are held accountable for your distracted driving car accident in Houston. Call Mostyn Law today to learn what we can do for you.
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