Distracted Driving Accident Lawyers, Austin, Texas
More than 200 years of combined experience in Texas vehicle accident cases
Distracted driving is a leading cause of car and truck accidents in Austin. There’s no excuse for distracted driving. Drivers distracted by any non-driving activity that diverts attention away from the road, are not making your safety, or theirs, the top priority it should be.
At Slack Davis Sanger, we have the experience and resources to help you get justice when a distracted driver strikes a car, truck, or someone walking across an intersection. We send investigators to the scene of the accident, examine the driver’s phone records, and question everyone who was in the car of the distracted driver. Our Austin car accident lawyers are respected by the legal community and insurance adjusters because of our strong record of success representing Texas accident victims. Former clients and other Austin lawyers often refer cases to our firm.
"Slack Davis Sanger represents the ultimate in professionalism combined with a true caring attitude.” - Colonel Ray Toler, Client
What is distracted driving?
The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that takes a driver’s attention away from his/her duty to drive safely. Drivers who are distracted are:
- Not looking at the traffic around them
- Not mentally prepared for emergencies
- Not physically ready to stop, honk, turn on lights, or steer away from dangers
- Not visually looking at the traffic in the driver’s front, sides, and rear
According to the Texas Department of Transportation, 431 people died and nearly 3,000 people were injured due to distracted drivers between 2020 and 2021.
What are examples of distracted driving?
Some of the many acts that qualify as distracted driving include:
- Sending, reading, or typing texts while driving
- Adjusting an entertainment device
- Eating or drinking
- Personal grooming
- Smoking
- Looking at a GPS system
- Using the Internet or email
- Using a cell phone that isn’t hands-free
- Reaching for objects while driving
- Looking at other passengers while driving
- Attending a child while driving
- Examining the scenery
Driving while intoxicated and driver fatigue are also considered distracted driving. Drivers should also make sure pets are secure while in motion.
What are the distracted driving laws in Austin?
The Texas Department of Transportation states that using a cell phone while driving is always dangerous – regardless of the laws. Texting while driving is illegal statewide.
The state laws provide that:
- You cannot send or receive electronic messages while driving in Texas.
- Drivers with learner's permits are prohibited from using cell phones in the first six months of driving.
- Using any handheld device in your vehicle in a school zone is illegal.
- Drivers under the age of 18 are prohibited from using handheld devices.
- School bus drivers may not use cell phones at all while driving if children are present.
Some cities, including Austin, even ban using anything that requires hands to use while driving, including smartphones, MP3 players, tablets, GPS systems, gaming devices, and other electronic devices. Specific “uses” are defined in the ordinance.
It is not necessary to show a driver broke any distracted driving laws to assert your claim. If a driver was distracted, and the distraction caused your accident, you may have a claim.
How do your Austin accident attorneys confirm a driver was distracted?
At Slack Davis Sanger, we take numerous steps to show a driver was distracted, and that this distraction is what led to your injuries in a car accident. These steps include:
- Examining the phone records including records of texts, calls, messages, and other phone data
- Questioning the passengers in the car driven by the distracted driver about what happened before the accident
- Questioning the distracted driver
- Examining the physical evidence such as food wrappers, cigarette butts, and other evidence
- Working with the police who may be conducting their own investigation
- Examining the path of the car operated by the distracted driver
- Examining the damage to the vehicles
- Reviewing any truck logs or other relevant data
Who is liable for a distracted driving accident in Austin?
Our Austin distracted driver lawyers file claims against all liable defendants including:
- The distracted driver
- The owner of the vehicle driven by the distracted driver, if different from the driver
- Employers if the driver was working at the time of the accident
- Trucking companies and brokers if the distracted driver was a truck driver
- Businesses that sell alcohol to visibly intoxicated drivers who later cause an accident
Other defendants may also be responsible.
How much time do I have to file a distracted driving claim in Austin?
The statute of limitations in Texas is two years for personal injury and wrongful death cases. Some cases require prompt notice, such as when there is a claim against a state agency.
The best course of action is to contact our Austin car accident lawyers immediately. We need to examine the physical evidence and phone records. The memories of everyone will fade quickly.
The sooner you meet with us, the faster we can investigate the accident, answer your questions, review your medical needs, and ready your case for trial and negotiation.
Do you have a distracted driving accident lawyer near me?
Slack Davis Sanger has an Austin office located at 6001 Bold Ruler Way, Suite 100. We have Dallas and Fort Worth offices also. If needed, we meet clients at their homes or a healthcare facility.
Get help now. Speak with an Austin distracted driving accident lawyer today
Distracted driving accidents often cause catastrophic injuries. At Slack Davis Sanger, we calmly and clearly guide you through each phase of the claims and litigation process. We demand compensation for all your medical bills, lost income, and pain and suffering – for as long as you are in pain. We also demand compensation and property damage. We file wrongful death claims when a loved one tragically dies. To assert your rights to hold distracted drivers liable, call our Austin trial lawyers at 866-531-1657 or fill out our contact form to schedule an appointment.
Austin Office
6001 Bold Ruler Way
Suite 100
Austin, TX 78746
Main Austin Practice Areas