Texting and Driving Can Lead to Civil Cases, But Now Can Lead to Criminal Charges as Well2019-12-18T15:18:02+00:00

The Cooper Law Firm is a Canton, Van Zandt, Mt. Pleasant, Jefferson, Paris, and Marshall, Texas car accident lawyer who handles personal injury cases where individuals were seriously hurt due to distracted drivers. Individuals who choose to text and drive can face civil penalties, meaning that they could be required to pay for victims’ medical expenses, rehabilitation costs, lost wages, and pain and suffering if another person was hurt or killed in a texting and driving accident. However, a recent criminal case highlights the reality that prosecutors may soon start trying individuals who text and drive in criminal court.

According to the New York Times, a woman faces charges of vehicular homicide after fatally striking a pedestrian while texting and driving. The Times reports that more pedestrians are dying each year, with 6,283 people killed while walking last year alone. As more people die or are injured due to drunk driving, more states are considering putting laws in place that would put texting and driving in a similar category to drunk driving. For victims of texting and driving accidents, this could impact how these cases are handled at the civil level. One of the challenges victims face in personal injury claims is proving the other party at fault for a crash. If a person is found guilty of texting and driving in criminal court, this could potentially prove helpful in a civil case, and could also take finding the burden of proof off the victims’ shoulders and put it in the hands of prosecutors. This would mean that texting and driving personal injury claims might someday be similar to drunk driving claims, where evidence of the other party’s criminal conduct could potentially be admitted in civil court, thus strengthening the victim’s case.The Cooper Law Firm are Texas car accident attorneys who assist victims and their families following texting and driving accidents. If you or someone you love was hurt in a texting and driving crash, you may have the right to seek damages for your lost wages, medical bills, pain and suffering, and other losses. Contact the Cooper Law Firm today to learn more.

Texting and Driving: A National Problem

Distracted driving has always been an issue. But with the ubiquity of cell phones, more people are dying in distracted driving accidents due to texting and driving and cell phone use. According to the National Highway Traffic Safety Administration, 3,166 people were killed in distracted driving accidents in 2017. These figures don’t begin to account for the number of people injured and seriously injured due to texting and driving. In Texas, distracted driving has been blamed for one in five crashes. Nationwide, ten percent of fatal accidents have been attributed to distracted driving. If you or someone you love has been seriously hurt or was killed due to a distracted driver, you may have rights under the law. Contact the Cooper Law Firm, a car accident attorney in Texas today to learn more. You may only have a limited amount of time to make a claim under the law.

Texas Texting and Driving Law

Under Texas law, it is illegal to text and drive and illegal to send or read email while driving. In Texas, it is against the law to send or receive text messages while driving. If you were hurt by a driver who was cited for texting and driving or for illegal cell phone use while driving, you may have the right to pursue damages for your injuries or losses. The Cooper Law Firm are car accident lawyers in Texas who may be able to help you with your claim.

While criminal charges for texting and driving remain rare, as more people are hurt in distracted driving crashes, criminal charges and citations for distracted driving are likely to become more common. One of the challenges of seeking civil damages in a distracted driving crash is finding evidence that the driver was distracted. The same is true for criminal charges for distracted drivers. According to the New York Times, 73 drivers were charged with crimes after being involved in crashes linked to distracted driving.

Proving distracted driving can be difficult without witnesses or other evidence. Evidence like a record of the text message that correlates with the time of the accident could prove crucial in a texting and driving case. However, as more states recognize the dangers of texting and driving, lawyers and prosecutors may have access to more evidence to help prove these cases. Have you been seriously injured in a texting and driving accident in Texas? The Cooper Law Firm is a Texas car accident lawyer who may be able to assist you with your case. Contact us today or reach out to USAttorneys.com to get connected with a texting and driving lawyer at the Cooper Law Firm.

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