Austin Distracted Driving Accident Lawyers

Operating a vehicle requires a lot of attention and effort. When drivers unfortunately get distracted behind the wheel, the result is all too often a disastrous collision – one that could have easily been prevented. Texas state law and city ordinance have recognized the hazards of distracted driving and have put regulations in place to try to prevent such behavior. But drivers continue to be distracted – so much so that distracted driving wrecks have increased rather than decreased in recent years.

Distracted driving can lead to serious or even fatal crashes. If you were injured or a loved one died in an accident with a distracted driver, the experienced Austin distracted driving accident lawyers at Howry, Breen & Herman are here to fight for you. We know how to establish fault and take on not only the responsible driver but also their insurance company.

Call (512) 430-4844 or fill out our online contact form today to schedule a free consultation.

What is a Distracted Driving Accident?

A distracted driving accident occurs when a driver’s attention is diverted from the road and causes a collision. Distracted driving involves any activity that takes a driver’s focus away from operating the vehicle safely. This can include anything from using a cellphone to adjusting the radio or interacting with passengers. With the rise of smartphones and in-car technology, distracted driving has become a serious concern for motorists across the United States, and Austin is no exception.

While distracted driving can involve many different activities, the common denominator is that the driver’s attention is compromised, resulting in a failure to recognize potential hazards or react to sudden changes in traffic. Distracted driving accidents can cause severe injuries and even fatalities.

Common Distractions on the Road

Various types of distractions can lead to accidents, and understanding these common distractions is key to recognizing the dangers they pose. Below are some of the most prevalent distractions drivers face on the road:

• Cellphones: Cellphone use is one of the leading causes of distracted driving accidents. Drivers may engage in texting, calling, checking emails, or even browsing social media while behind the wheel. These activities divert attention away from the road, often for several seconds at a time. In the few seconds it takes to glance at a screen or respond to a message, a driver can easily miss a stop sign, a pedestrian crossing, or a vehicle that is slowing down. This significantly increases the risk of a crash.
• Passengers: While passengers can be an enjoyable part of a road trip, they can also be a source of distraction. Whether it’s talking, arguing, or trying to manage children in the backseat, passengers can divert the driver’s attention away from the road. Drivers who engage in conversations or other interactions with passengers may not notice potential hazards in their path.
• Radio and Climate Controls: Adjusting the radio or climate controls while driving can take a driver’s eyes off the road for an extended period. Many vehicles are equipped with complex infotainment systems that require more attention than simple dials or buttons. Drivers who focus too much on these controls can fail to see obstacles or changes in traffic patterns, leading to an accident.
• Eating and Drinking: While it may seem harmless, eating or drinking behind the wheel is a significant distraction. Reaching for food, handling a cup of coffee, or even trying to unwrap a snack can divert a driver’s attention away from the road. If a driver spills a drink or drops food, they may attempt to clean up while still driving, putting themselves and others in danger.
• Grooming and Personal Care: Grooming activities such as applying makeup, shaving, or brushing hair are common distractions for drivers. These activities typically require drivers to look away from the road or take their hands off the wheel. This increases the risk of a collision, especially in situations where the driver is already under time pressure.

Texas Texting While Driving Laws

In Texas, texting while driving is prohibited under state law. Specifically, Section 545.4251 of the Texas Transportation Code makes it illegal for drivers to send, read, or write a text message while operating a motor vehicle. This law is in place to help reduce accidents caused by drivers who are distracted by their phones.

There are a few important aspects of Texas' texting and driving law that you should be aware of:

• Age Restriction: Drivers under the age of 18 are prohibited from using any wireless communication device while driving, including texting and talking on the phone.
• School Zones: In school zones, it is illegal for any driver to use a cellphone unless the vehicle is stopped or the driver is using a hands-free device.
• Penalties: If a driver is caught texting while driving in Texas, they could face fines of up to $200 for a first offense. However, if texting while driving contributes to an accident, the penalties may be much more severe, including the potential for criminal charges and civil liability.

While these laws are in place to protect everyone on the road, distracted driving continues to be a significant issue.

Why Choose Howry, Breen & Herman, LLP?

At Howry, Breen & Herman, LLP, we understand the devastating effects that distracted driving accidents can have on victims and their families. Our team of experienced attorneys is committed to holding negligent drivers accountable and helping victims recover the compensation they need to move forward with their lives.

Contact us today at (512) 430-4844 to let us get started on your claim.