Dallas Car Accidents Caused by Texting and Driving
Every driver in Dallas assumes a duty to act responsibly while behind the wheel of a motor vehicle. Unfortunately, many motorists fail to uphold this duty, especially when they text and drive.
Not only is this behavior reckless and dangerous, but it is also illegal. Police officers can arrest an individual if they suspect this person of texting while behind the wheel. Because using a cellphone while driving is illegal, people injured in collisions caused by these distracted drivers may pursue claims against these individuals.
If you were involved in a Dallas car accident caused by texting and driving, a seasoned lawyer could help you demand compensation. A dedicated car wreck attorney could help you understand the state’s law concerning texting, how these regulations may affect your civil claim, and accurately measure your losses.
Laws Prohibiting Cellphone Usage while Driving
Studies have long shown that texting while driving decreases a driver’s reaction time and serves as a potent distraction. Despite this common knowledge, the rise of smartphones has led to many people texting, reading their e-mail, or searching the internet while driving.
Because of this problem, the State Legislature moved to outlaw this behavior. According to Official Code of Georgia Annotated §40-6-241, it is illegal for a person to use any wireless communication device while operating a vehicle. This same statute makes it a misdemeanor-level crime for a person to read, write, or send any electronic communication while driving. Additionally, the law does provide an exception for people using a hands-free device or for those using their phones for navigational purposes.
Because this violation is a misdemeanor crime, an arrest following suspected texting while driving may lead to a full criminal trial. The outcome of this trial can have a substantial impact on an injured party’s claims for damages. A Dallas lawyer could determine if someone texting while driving was the cause of an accident and build a case on this informations.
Using a Criminal Conviction as Evidence in a Civil Damages Claim
While texting behind the wheel is illegal, a criminal conviction does not do much to help an injured individual move on with their life. Criminal courts can force a guilty party to pay a fine. However, these courts cannot require a defendant to provide compensation to an injured plaintiff.
To accomplish this goal, injured parties must pursue related but separate civil lawsuits. With this in mind, a criminal conviction can still significantly increase the chances of success in these civil cases.
Plaintiffs in civil cases must prove that a defendant was responsible for the act that resulted in their injuries. If a Dallas attorney can base a texting while driving case on negligence per se, proof of a criminal conviction may be all the evidence that a plaintiff needs to recover compensation. Negligence per se allows courts to presume defendant liability if they violated the law and caused an injury as a result. In other words, a criminal conviction is proof of wrongdoing beyond a reasonable doubt, and as a result, proves that a defendant was responsible for a wreck.
Contact a Dallas Attorney to Learn More About Texting while Driving Claims
A driver who chooses to look at a cellphone places all other people on the road at a significant risk of harm. This kind of reckless behavior is illegal in Dallas and throughout the state. Sadly, Dallas car accidents caused by texting and driving are common.
These wrecks may result in severe physical injuries, intense emotional trauma, and significant financial losses. Therefore, drivers who commit these violations may be liable to provide payments to injured parties. An attorney could help you pursue your case. To learn how we could help you and your case, schedule an initial consultation.
