San Antonio Distracted Driving Accident Attorney

Advocating for Victims of Distracted Driving in San Antonio, TX

At the Law Office of George P. Escobedo & Associates, PLLC, we are dedicated to championing the rights of victims who have been injured due to distracted driving accidents in San Antonio, TX. We believe that no one should suffer because of someone else's negligence or recklessness on the road.

Injured in a distracted driving accident?
Call us today at (210) 807-3178 for a free consultation. Let our experienced San Antonio attorneys fight for the compensation you deserve.

What is Considered Distracted Driving in Texas?

Distracted driving in Texas encompasses any activity that diverts a driver's attention away from the primary task of operating a vehicle. Common forms of distracted driving include:

• Texting or Using a Cellphone: Texting while driving is prohibited in Texas, and cellphone use is restricted in certain situations.
• Eating or Drinking: Consuming food or beverages while driving can be a source of distraction.
• Adjusting the Radio or GPS: Manipulating entertainment or navigation systems diverts attention from the road.
• Talking to Passengers: Engaging in prolonged or intense conversations with passengers can impair focus.
• Grooming or Applying Makeup: Personal grooming activities while driving can lead to distraction.
• Daydreaming or Being Lost in Thought: Mental distractions, such as daydreaming, significantly impact driving attention.

These actions can significantly increase the chance of a motor vehicle accident.

Common Causes of Distracted Driving Accidents

Distracted driving is one of the leading causes of motor vehicle accidents. Below are some of the most common distractions that can lead to accidents:

• Cellphone Use
  Texting, calling, or even using hands-free devices while driving can divert a driver’s attention from the road. Studies show that texting while driving is particularly dangerous as it requires drivers to take their eyes off the road, their hands off the wheel, and their focus away from driving. Even hands-free phone conversations can be distracting because they still require mental focus, reducing attention on driving.
• In-Car Distractions
  Distractions inside the car can come from various sources:
• Adjusting the radio or GPS: Drivers may take their eyes off the road to adjust their entertainment or navigation systems.
• Eating or drinking: Consuming food or beverages while driving can divert attention and lead to accidents.
• Dealing with pets or children: Pet-related distractions or tending to children can cause significant lapses in attention, increasing the risk of accidents.

External Distractions
Drivers can also be distracted by things happening outside of their vehicles:

• Billboards or advertisements: Bright signs and advertisements can catch the driver’s eye, distracting them from the road.
• Construction zones or traffic: The changing road conditions or slow-moving traffic can cause drivers to lose focus.
• Other accidents: Drivers often slow down or become distracted when passing another accident scene, leading to further risk.

Statistics on Distracted Driving in Texas

Distracted driving is a serious problem in Texas, with many accidents resulting in severe injuries or fatalities.

• Fatalities and Injuries: According to the Texas Department of Transportation, distracted driving contributed to over 100,000 crashes in recent years, with thousands of injuries and hundreds of fatalities annually.
• Increased Trend: Despite efforts to reduce distracted driving, the number of accidents related to distractions has remained high, highlighting the persistent danger of texting or using phones while driving.

The problem continues to be a major concern for drivers, pedestrians, and authorities in Texas.

How to Prove Distracted Driving in an Accident

Proving distracted driving is crucial to holding the at-fault driver accountable. Here are some ways to gather evidence to support your claim:

• Cellphone Records: If you suspect the other driver was texting or talking on the phone, obtaining their cellphone records can provide crucial evidence.
• Dashcam Footage: Dashcams can capture moments leading up to an accident and can be used as valuable evidence if the other driver was distracted.
• Witness Statements: Eyewitnesses who saw the distracted driver’s behavior can provide statements that help prove the driver was not focused on the road.
• Accident Reconstruction: In some cases, accident reconstruction specialists can determine the cause of the accident, especially when it involves multiple vehicles or complicated factors.

Using these forms of evidence can help establish that distracted driving caused the accident, making it easier to pursue compensation for injuries and damages.

Texas' Distracted Driving Laws

Texas law prohibits drivers from reading, writing, or sending electronic messages while driving. Despite this law, distracted driving accidents still occur frequently due to inadequate enforcement and persistent bad habits. If you're a victim of a distracted driving accident, it's crucial to understand your rights and options under Texas law.

What Can a Distracted Driving Attorney Do for Victims?

A distracted driving attorney from the Law Office of George P. Escobedo & Associates, PLLC can provide invaluable assistance. We can help gather evidence to prove the other driver's negligence, negotiate with insurance companies, and represent you in court if necessary. Our aim is to secure compensation for your medical expenses, lost wages, pain and suffering, and other losses.

Why Choose a Distracted Driving Attorney from Law Office of George P. Escobedo & Associates, PLLC?

Choosing our firm means choosing a team of experienced professionals committed to fighting for justice. We have a proven track record in handling distracted driving cases and are passionate about advocating for our clients. We understand the physical, emotional, and financial toll an accident can take and strive to ensure our clients receive the maximum compensation they deserve.

FAQ - Distracted Driving Accidents in Texas

• What are the legal consequences of distracted driving in Texas?
  In Texas, distracted driving can result in fines, penalties, and potentially criminal charges. If a driver is involved in an accident caused by distracted driving, they may be held liable for damages and injuries sustained by others involved in the crash.
• Can I file a claim if the other driver was using a hands-free device while driving?
  Yes, you can file a claim. Even though hands-free devices are legal in Texas, using them can still distract a driver and impair their ability to focus on the road. If the distracted driver caused your accident, you may still have grounds for a claim.
• How can I prove that the other driver was distracted?
  To prove distracted driving, evidence such as cellphone records, dashcam footage, eyewitness accounts, and accident reconstruction can be used. Your attorney can help gather this evidence to support your case.
• Does insurance cover injuries from a distracted driving accident?
  Yes, if you’re involved in an accident caused by a distracted driver, their insurance should cover your medical expenses, lost wages, and property damage. If the other driver is found liable, their insurance will pay for your losses.
• How can I prevent becoming a victim of distracted driving and truck accidents?
  To protect yourself, always stay alert while driving, especially around large trucks. Avoid using your cellphone, eating, or engaging in any activity that could distract you. Encourage passengers to help minimize distractions while you’re behind the wheel. Staying focused can help you avoid dangerous collisions with trucks and other vehicles.
• What should I do immediately after a distracted driving accident?
  • Call 911 to report the accident.
  • Get the other driver’s insurance information.
  • Take pictures of the scene and damages.
  • Collect contact details of witnesses.
  • Seek medical attention immediately, even if you feel fine.
• Can I receive compensation for emotional distress after an accident?
  Yes, you can pursue compensation for emotional distress, pain, and suffering caused by the accident. If the accident significantly impacted your mental well-being, these factors can be included in your claim for damages.

Distracted driving accidents can be life-changing.
Contact the Law Office of George P. Escobedo & Associates at (210) 807-3178 to discuss your case and secure the justice you deserve.