We have all been at a stop light when we are behind a car, and the driver is obviously texting. All the cars in front go and you honk to get their attention. We have all seen drivers weaving in their lanes, as if they were under the influence, but when you drive around them, you realize that they are on their phone.
The Texas Senate and House considered a bill in which would make it illegal to text and drive in the state of Texas. Unfortunately, the bill was killed. Therefore, it is technically legal in Texas to text and drive.
We consider texting and driving Driving While Distracted (DWD) and in Texas, DWD is negligence. When a driver is operating a motor vehicle, it is the drivers duty to keep such lookout as a person of ordinary prudence would keep. When someone drives while distracted, they are operating their vehicle without due regard for the rights, safety, and welfare of others.
Motor vehicle collisions are the top cause of death for teens, responsible for 35% of all deaths of teens 12-19 years old. Distraction contributes significantly to this percentage. In 2012, more than 3300 people were killed and 421,000 injured in distraction-related crashes in the United States. Among US adults ages 18-64 years 31% report reading or sending text messages or emails while driving. http://link.springer.com/article/10.1186/s40621-016-0073-8/fulltext.html
If you were involved in an accident where you believe someone was texting and caused the accident, then call for a free consultation. We can investigate by requesting phone records, talking to witnesses, and taking the deposition of the driver.