Most people driving on Texas roads these days understand that distraction is incredibly dangerous, especially if it involves a mobile phone. Texting, emailing and even capturing photos or video while driving can drastically increase the potential for a collision.
Unfortunately, much like with drunk driving, people seem to think they can do safely what other people cannot. Although the average driver understands that texting and driving is dangerous, they probably think they won’t cause a crash. Successfully arriving at a destination after texting only helps to reaffirm the inaccurate belief that a driver can safely text at the wheel.
It only takes a few seconds for distraction to result in an accident that can permanently disable or even kill someone else. While there are potential legal consequences for distracted driving, your family may not feel like justice was served in the wake of a fatal distraction-related crash.
Wrongful death lawsuits allow surviving family members to seek justice
When someone causes the death of another person through a wrongful act or negligence, Texas law allows the surviving family members of the victim to take action. Wrongful death lawsuits create financial consequences for those whom the courts deem responsible for a fatality.
Although no amount of money can possibly undo the damage a distracted driver can cause a family by killing someone, the compensation families receive from a lawsuit can reduce the financial impact of that tragedy. Even if a criminal conviction isn’t an option, you may be able to pursue a wrongful death lawsuit.
Texting at the wheel is almost always a form of negligence
Since the average driver understands that taking their eyes and mental focus off the road is dangerous, engaging in distraction and having it lead to an accident is almost certainly negligence. After all, this other driver did something they knew could likely endanger other people.
Provided that you can secure documentation that helps verify the claim that the other party was on the phone at the time of the crash, proving negligence contributed to the death won’t be difficult. Potential sources of evidence about texting include cellphone records, footage from nearby traffic cameras and even statements given by the other driver or witnesses at the crash scene.
Choosing to focus on something other than the road can result in a tragedy. Even though people know this, they still willingly take their eyes off the road and their hands off the wheels of their cars. If that kind of poor decision-making has impacted your family, you have every right to hold that other driver accountable. While you may not get the justice that comes from someone serving a prison sentence after causing a death, a court order awarding your family compensation for your loss is another form of closure.