What is Distracted Driving?</H2> <P>Distracted driving occurs when a motorist’s attention is diverted from the road by another activity. It includes texting, talking on the phone, eating, reading, grooming, and more. In Texas, driving while distracted is a leading cause of accidents. It poses a significant risk to drivers, passengers, pedestrians, and other motorists, often resulting in severe injuries or fatalities.</P> <H2>What Are the Distracted Driving Laws in Texas?</H2> <P>One of the primary distractions on the road is cell phone use. It is illegal to text and drive in the State of Texas. Many cities have laws that take it one step further, making it illegal to talk on a handheld cell phone. Because jurisdictions vary, it’s crucial to familiarize yourself with State and City laws.</P> <P>Distracted driving laws in Texas aim to reduce accidents caused by driver inattention. Here’s what you need to know:</P> <UL> <LI>Sending and reading text messages while behind the wheel of a moving vehicle is against the law</LI> <LI>Drivers with a learner’s permit are not allowed to use their cell phones within their first six months of driving</LI> <LI>Using handheld devices while driving within a school zone is illegal</LI> <LI>School bus drivers are prohibited from using cell phones while driving if children are present</LI> <LI>All drivers below 18 years of age are not allowed to use handheld devices</LI> </UL> <P>Aside from texting and driving in Texas, there are other distractions for drivers that can lead to accidents. Here are some of them:</P> <UL> <LI>Eating and drinking</LI> <LI>Setting a dashboard or mobile navigation system</LI> <LI>Reaching for something inside the vehicle</LI> <LI>Tuning the dashboard radio</LI> <LI>Talking to a passenger, especially someone in the rear seats</LI> </UL> <P>These behaviors are not explicitly considered illegal in the state of Texas. But, they can still be dangerous and contribute to higher risks of car accidents.</P> <H2>What Are the Consequences for Distracted Driving in Texas?</H2> <P>Driving while distracted in Texas is a misdemeanor charge that can have serious consequences. That’s why the state has implemented various penalties to discourage this dangerous behavior.</P> <P>The fine typically ranges from $25 to $99 for first offenders. But, it’s important to note that the actual amount to be paid may be higher due to additional court costs and fees. On the other hand, repeat offenders may be fined from $100 to $200.</P> <P>Besides that, distracted driving accidents that cause severe injury or death have even more severe penalties. Motorists responsible for such incidents can face fines of up to $4,000 and even a year of imprisonment.</P> <H2>Get Reliable Legal Representation at Frenkel & Frenkel</H2> <P>Learning about distracted driving laws and penalties in Texas is helpful should you or a loved one become a victim in such incidents. If you need legal representation in Dallas or Fort Worth, TX, our <A href="https://www.frenkelfirm.com/driving-while-distracted/">auto accident lawyers</A> at Frenkel & Frenkel can help you. Contact our team today for more information about our services.
When Is the Driver at Fault in a Pedestrian Accident?</H2> <P>There are many ways a driver may be held liable for the accident. This may include negligent behaviors that may lead to a collision between a car and a pedestrian. Some questions you may ask to determine these behaviors are:</P> <UL> <LI>Was the driver driving where they were allowed to?</LI> <LI>Was the driver maintaining a safe and appropriate speed?</LI> <LI>Was the driver paying attention to the road?</LI> </UL> <P>The driver would have very little or no fault in a pedestrian accident if they followed the above. If they failed to do one or more of these things, they will bear at least some fault. Meanwhile, if the pedestrian did not contribute to the accident through any wrongful actions, the driver would likely bear most or all of the fault. Here are some common ways the driver may cause these accidents:</P> <UL> <LI>Speeding</LI> <LI>Drunk driving</LI> <LI>Failing to yield to pedestrians</LI> <LI>Not looking out for pedestrians</LI> <LI>Running lights or signs</LI> <LI>Making improper turns</LI> </UL> <H2>When Is the Pedestrian at Fault in the Accident?</H2> <P>Many people think the pedestrian always has the right of way and assume the driver is always at fault. But, sometimes, the pedestrian may have done something wrong while the driver obeyed all traffic regulations. Some key questions to answer to evaluate the situation are:</P> <UL> <LI>Was the pedestrian violating any laws?</LI> <LI>Did they have the right of way?</LI> </UL> <P>If the pedestrian had the right of way and was not breaking any laws, it’s highly unlikely that they will be held liable. However, if the pedestrian was jaywalking or engaging in activities that violate traffic laws, they may be considered partially or fully at fault for the incident. Other common cases where pedestrians are held liable for an accident include:</P> <UL> <LI>Jaywalking</LI> <LI>Entering a roadway while intoxicated</LI> <LI>Not looking before crossing the road</LI> <LI>Being distracted, like texting while walking</LI> <LI>Darting into traffic unexpectedly</LI> </UL> <P>Still, there are other instances where both parties share fault, such as when a driver is speeding and a pedestrian is jaywalking. With the help of a professional, you can better make sense of this incident and file any necessary claims.
Ensure Everyone’s Safety</STRONG></H2> <P>One of the first things you should do after a drunk driving accident is to ensure that everyone involved in the collision is safe. If anyone is injured, whether in the car with you or a bystander, call 911 immediately. If you are not hurt, help others if you can do so.</P> <H2><STRONG>Report the Incident</STRONG></H2> <P>Once everyone is safe, report the drunk driving accident to the police. They should assess the incident location and conduct a field sobriety test or use a breathalyzer to determine the drunk driver’s blood alcohol content (BAC). A BAC at or higher than .08 means the driver is legally drunk, and the police must detain them. Immediately reporting the accident will also help prevent the drunk driver from causing further harm.</P> <H2><STRONG>Gather Evidence</STRONG></H2> <P>While the police deal with the drunk driver, try to gather evidence of the accident. Despite courts not being lenient towards individuals charged with drunk driving, you still need to prove in negotiations or the trial that the at-fault driver’s negligence caused the vehicle collision.</P> <P>Talk to your companions or any witnesses during the accident for vital information that can help your case, and ask for their testimony. You can also try obtaining any available surveillance footage. Besides that, take as many pictures as possible of the vehicles involved, injuries you’ve sustained, and the overall scene of the incident. Doing these can help you prove that the drunk driver was responsible for the accident.</P> <H2><STRONG>Consult With a Lawyer</STRONG></H2> <P>When you get involved in a drunk driving accident, it’s best to get in touch with a lawyer. While it’s possible to handle everything by yourself, filing a claim against a drunk driver with proper legal assistance can help you pursue fair financial compensation for your damages. <A href="https://www.frenkelfirm.com/drunk-driving/">A DUI</A> accident lawyer will review your case and help you throughout the necessary legal processes.</P> <H2><STRONG>Assess the Damage</STRONG></H2> <P>A drunk driving accident can have a severe impact on your life. It can result in severe injuries, costly medical expenses, lost wages, reduced earning capability, loss of consortium and enjoyment of life, and property damages, including vehicle repairs or replacement. So, it’s best to work with an experienced lawyer to evaluate all the damages and account for every cost.</P> <H2><STRONG>Negotiate With the Insurance Company</STRONG></H2> <P>Another essential thing to do after an accident is to call your insurance company. That said, dealing with them can be quite challenging, as most insurance companies will attempt to persuade you to accept a lower settlement amount. In addition, they may try to prolong the process as much as possible to pressure you into settling for an amount that is in their favor.</P> <P>Having a lawyer who is knowledgeable about drunk driving accidents will help you avoid this problem. They can negotiate with the insurance company on your behalf to settle quickly for an amount that best represents the damages you have.</P> <H2><STRONG>Seek Help From a Reliable Law Firm</STRONG></H2> <P>A drunk driving accident can be an incredibly stressful and overwhelming experience. Consulting a DUI accident lawyer will help you deal with the situation better and increase your chances of receiving a fair settlement. Contact Frenkel & Frenkel for reliable and trusted legal representation for auto accident cases in Texas.
Rear-end Collisions</STRONG></H2> <P>This is the most common type of motor vehicle accident. Rear-end collisions occur when one vehicle hits another from behind. These are usually the result of a distracted driver, a sudden stop by the leading vehicle, road defects, adverse weather conditions, or failure to keep proper distance. Here are some tips to avoid a rear-end collision:</P> <UL> <LI><STRONG>Maintain a safe distance</STRONG> – Ensure enough distance between you and the car behind or in front of you. Doing so will give you enough time to stop safely. A minimum of a three-second gap is recommended, which should be extended during unfavorable road conditions.</LI> <LI><STRONG>Drive strategically</STRONG> – Avoid situations that may force you to suddenly hit the brakes, such as tailgating or driving too closely. Be aware of your surroundings and keep an eye on the behavior of other drivers.</LI> <LI><STRONG>Stay focused</STRONG> – Avoid distractions while driving, such as using your phone or eating. Stay attentive and keep your eyes on the road at all times. A split second of distraction can lead to a rear-end collision.</LI> <LI><STRONG>Avoid impaired driving </STRONG>– Never drive when tired or under the influence of alcohol or drugs. Impairment can significantly increase the risk of accidents resulting in harm to yourself or others on the road.</LI> </UL> <H2><STRONG>T-Bone or Side-Impact Collisions</STRONG></H2> <P>T-bone accidents occur when the front of a car crashes into the side of another, forming a “T” shape. These often happen at intersections or when one driver fails to yield the right-of-way.</P> <P>To prevent side-impact collisions, pay close attention to traffic signs and signals and control the speed of your vehicle. When approaching an intersection, be prepared to stop if necessary and always yield to oncoming traffic when required.</P> <H2><STRONG>Head-On Collisions</STRONG></H2> <P>This kind of accident is among the most dangerous and devastating, as it often leads to severe injuries or even death. To avoid head-on collisions, remain attentive. Follow the posted speed limits, and pay attention to road signs and markers. Be aware of your surroundings, especially on narrow or winding roads, and never attempt to overtake vehicles unless it’s safe.</P> <H2><STRONG>Rollover Accidents</STRONG></H2> <P>Rollover accidents occur when a vehicle is tipped over onto its side or roof during a crash. These are often associated with overcorrecting while steering, excessive speed, or sharp turns.</P> <P>To prevent rollover accidents, reduce speed when approaching curves and turns, avoid sudden steering maneuvers, and control your vehicle’s speed during adverse weather conditions. Regular maintenance and ensuring proper tire inflation can also contribute to your car’s stability and reduce the risk of a rollover.</P> <H2><STRONG>Single-vehicle Accidents</STRONG></H2> <P>This is where a driver crashes their vehicle without involving another. Some examples of single-vehicle accidents include collisions with road barriers, fences, lamp posts, trees, pedestrians, and animals. It usually happens due to speeding, driving under the influence, vehicle defects, overcorrection, and loss of control. To prevent single-vehicle accidents, follow these safety measures:</P> <UL> <LI><STRONG>Adjust to weather conditions</STRONG> – Always drive at speeds that allow you to maintain control. Be cautious on rainy, snowy, or icy days, and know how to handle hydroplaning and other weather-related challenges.</LI> <LI><STRONG>Pay attention</STRONG> – Even if you are the only car on the road, avoid distractions such as texting or eating. Conditions can change quickly, and being attentive to your surroundings is crucial.</LI> <LI><STRONG>Maintain a safe speed</STRONG> – Speeding is a significant cause of motor vehicle fatalities. Even if no other vehicles are around, driving too fast can be dangerous and lead to accidents.</LI> </UL> <H2><STRONG>Parked Car Accidents </STRONG></H2> <P>This type of auto accident involves a parked car getting hit by another vehicle, usually in parking lots or on the street. Parked car accidents can result in significant costly damage, so consider the following tips to minimize your risks:</P> <UL> <LI><STRONG>Choose parking wisely</STRONG> – Park your vehicle in an area with less traffic and away from busy parking lot sections. With this, you can reduce the chances of your car being hit by another vehicle.</LI> <LI><STRONG>Park in the center of the spot</STRONG> – Position your car in the center of a parking space to avoid dings from neighboring vehicles and prevent damage from swinging doors.</LI> <LI><STRONG>Use garages</STRONG> – Whenever possible, park your car in a garage. Doing so provides added protection and reduces the risk of damage caused by other drivers or external factors.</LI> <LI><STRONG>Be cautious of surroundings</STRONG> – Avoid parking near busy intersections, tight turns, and driveways where other drivers may not see your vehicle and could accidentally hit it.</LI> </UL> <H2><STRONG>Intersection Accidents</STRONG></H2> <P>Intersections can be potential danger zones, especially when drivers fail to follow traffic rules and regulations. Accidents at intersections often involve vehicles colliding head-on or from the side, resulting in devastating injuries and significant property damage.</P> <P>Exercising caution when approaching an intersection is crucial. For instance, take a moment after the light turns green to ensure no one is running a red light, and watch out for drivers trying to speed through yellow lights. You should also always obey traffic signals and yield the right of way.</P> <H2><STRONG>Back-up Collisions</STRONG></H2> <P>Backing out of a parking spot or driveway can also lead to accidents if not done carefully. So, as often as possible, park in a way that allows you to pull forward out of the spot instead of backing out. Installing a backup camera in your car is also beneficial. Doing these can help you decrease the chances of colliding with another vehicle.</P> <H2><STRONG>Contact Our Texas Car Accident Attorneys</STRONG></H2> <P>Being aware of common motor vehicle accidents and taking preventive measures can significantly reduce your risk of being involved in one. If you or a loved one becomes a victim of an auto collision and requires legal assistance, hire our experts at Frenkel & Frenkel.</P> <P>Whether for car, motorcycle, rideshare, or <A href="https://www.frenkelfirm.com/truck-wrecks/">truck accidents</A>,<STRONG> </STRONG>our experienced personal injury attorneys are committed to obtaining the compensation you deserve. Contact us today for a free consultation!