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Dallas Texting and Driving Accident Attorney

Texas is one of many states that have enacted statutes prohibiting certain kinds of cell phone use behind the wheel. These laws came about as a reaction to the extraordinary number of crashes drivers cause while texting. Texting makes it impossible to dedicate 100% of a driver’s attention to driving. Our Dallas texting and driving accident attorneys can help you prove cell-phone related car accident claims in North Texas. If you suspect the driver that caused your recent accident in Dallas is guilty of texting and driving, talk to a texting and driving accident lawyer at McGilberry & Shirer.

The texting and driving attorneys at McGilberry & Shirer can take immediate steps to preserve key evidence such as the other driver’s cell phone records when you retain us for your car accident case. We can speak to eyewitnesses and gather other potential pieces of evidence as well to support your claim. Start with a free consultation with one of our experienced lawyers. Call (972) 392-1225 to schedule yours.

Texting & driving FAQ’s

How to Prove Texting and Driving

You might have a strong suspicion that the other driver was looking at his or her phone while driving, but if the driver denies it and refused to admit fault, it’s your burden to prove your case. Luckily, it is possible to prove something like texting and driving with the right resources. Partner with our firm for everything you’ll need to prove texting and driving, from professional investigators to subject-matter experts. The following are things we may be able to use to prove your case:

  • Photographs of the scene. Photos of important details at the scene of the crash, such as a cell phone in the cab of the vehicle or lack of tire marks on the ground are examples of evidence that could point to texting and driving. Take photos at the scene yourself, if you can, or enlist help from a friend who can do so for you.
  • The other driver’s phone records. One phone call from us can ensure that the other driver’s cell phone company preserves the driver’s phone records. We can obtain copies of records that will show if the driver was on a phone call, sending a text message, or guilty of another form of cell phone distraction in the minutes leading up to the collision.
  • Witness reports. Our car accident attorneys in Dallas can interview eyewitnesses and gather statements and testimonies if anyone saw the at-fault driver on his/her phone prior to the crash. This can include other drivers, people who saw the crash, or someone who was corresponding with the defendant at the time of the accident.
  • Police reports. Calling 911 after a crash is important for many reasons; not the least of which is having an official write-up of the wreck. If a police officer notices possible signs of texting and driving, the officer will note this in the official report.
  • Expert testimony. Many personal injury claims can benefit from hiring a subject-matter expert to testify before a judge. Our firm has connections to crash recreators and others who can help us prove that the driver was distracted. The way in which the other driver crashed into you (e.g., rear-end collision) could help prove your case.

When you partner with McGilberry & Shirer, you gain access to insider knowledge, resources, and networks that can go a long way toward proving your texting and driving claim. We have years of experience handling all types of auto accident lawsuits in Dallas, including those in which something was clearly distracting the other driver at the time of the wreck. Our attorneys can help you take the first steps toward justice.

Other Types of Driver Distractions

Texting isn’t the only deadly form of driver distraction. Any cell phone use behind the wheel – even a phone conversation – can be dangerous if it distracts the driver mentally, visually, or manually. One could argue that a conversation was distracting a driver before a crash, even if the driver was using a hands-free device to talk. Negligent drivers will allow things to distract them when they should be paying attention to the road. Common perpetrators include:

  • Maps and GPS systems
  • Radios
  • Food and drinks
  • Passengers or kids in the car
  • Books or reading material
  • Personal grooming tools

Sometimes, things outside the vehicle distract a driver, such as crashed vehicles on the side of the road or a flashy billboard. It is every driver’s duty not to succumb to anything distracting while in control of a motor vehicle. Taking one’s attention from the road is an act of negligence that could result in liability if it causes a crash. No matter what distracted the other driver involved in your recent Dallas car accident, contact us for assistance. Our attorneys will immediately go to work trying to prove and resolve your case.

Dallas’ Texting and Driving Laws

In 2017, Texas passed a universal ban on using cell phones for electronic messaging while operating a vehicle. No driver in the state can legally read or write texts or emails while driving. Under the ordinance, drivers cannot send or receive electronic messages of any kind on wireless communication devices in Texas. Drivers with learning permits cannot handle their cell phones in any way for the first six months of driving. If under the age of 18, a driver cannot text or make phone calls on cell phones while driving. The only time a driver can use a cell phone behind the wheel is to make an emergency call to first responders.

Breaking Texas’ texting and driving laws can result in fines of up to $99 in most cities, although this jumps to $200 in San Antonio and $500 in Austin due to city-specific ordinances. If a driver causes a collision with another vehicle, bicyclist, or pedestrian because he or she was texting and driving, the driver could face serious consequences. Distracted truck drivers especially can cause catastrophic accidents. A truck accidents lawyer in Dallas can help you prove a driver was texting and driving. Accessing the driver’s phone records can get proof that the driver was reading or writing a message at the time of the crash or in the minutes leading up to the collision.

Evidence that the at-fault driver was breaking Texas’ statewide ban on texting and driving could result in a negligence per se personal injury claim. Negligence per se is a legal concept that, in essence, makes a defendant’s negligence inarguable since he or she broke a law. Negligence per se cases are easier for victims to win, as it takes the guesswork out of whether the defendant was negligent. Negligence is a given when the defendant breaks a state law such as the ban on texting and driving.

Hire a Legal Representative for Your Texting and Driving Claim in Dallas

Distracted driving crashes can be especially harmful, as the driver often does not even attempt to stop before striking another vehicle or pedestrian. The driver’s mind is on the text message, hands are on the cell phone, and eyes are on the screen – a recipe for disaster on Dallas’ busy roadways. If a distracted driver caused your accident, get legal help before filing your personal injury claim. You can also consult with a Dallas ridesharing attorney if your Uber or Lyft driver got into a car accident because they were using their phone while driving.