Talking and Driving Accidents
Talking on the phone behind the wheel is far more dangerous than talking to a passenger. According to a university study, drivers who are talking on the phone are more than three times as likely to cause an accident. This is one reason why many states have enacted bans on handheld cell phone use (Texas’s handheld ban currently only applies to drivers with learner’s permits), and the primary reason why many safety advocates say laws that still permit hands-free calling don’t go far enough.
We’ve all seen drivers talking on the phone. Whether a driver is holding a cell phone or chatting away in an empty car, that driver is distracted. This means that he or she is a hazard to other motorists, and that he or she deserves to be held accountable when something goes wrong.
If you were injured in an accident caused by a distracted driver, we can help you win just compensation. We have helped our clients recover millions of dollars in compensation, and we take an aggressive approach in cases involving distracted driving. We can quickly collect the evidence needed to prove your claim; and, once we determine what your case is worth, attorney Ronald A. Ramos will fight to win the compensation you deserve.
3 Reasons Why Talking and Driving is Dangerous
Why is talking on the phone so much more dangerous than talking to a passenger? Researchers point to a few different factors:
- When we ask our brains to perform two tasks (like talking on the phone and paying attention to the road), they cannot perform either task as well as when performing each task independently.
- With regard to handheld cell phone use, holding a phone means that a driver only has one hand available to steer and use turn signals.
- When driving with a passenger, the passenger is able to see and react to traffic and road conditions. A passenger’s communication structure will generally reflect any concerns about traffic (for example, passengers tend to stop speaking under tense circumstances), and passengers can warn distracted drivers of potential risks on the road.
Of course, this does not mean that talking to a passenger is necessarily safe. From drivers and passengers engaging in horseplay to drivers looking over their shoulders to talk to backseat passengers, there are numerous ways that carrying a passenger (or multiple passengers) can increase a driver’s risk of causing an accident as well.
Cell Phone Records in Personal Injury Claims
In San Antonio distracted driving accidents, there will often be several pieces of evidence available to help prove that the at-fault driver was distracted. For example, the police report may indicate that the driver was distracted, or witnesses may be able to testify to seeing the driver holding a phone. In addition, another key piece of evidence is the driver’s cell phone bill. If you believe that the driver who hit you was talking on the phone, we can seek to obtain a copy of his or her phone records to prove that distracted driving was a factor in your accident.
Call or Click to Speak with an Experienced Accident Attorney in San Antonio, TX
To learn more about your rights after a cell phone-related accident in the San Antonio area, please call (210) 308-8811 or request a consultation online. Your initial consultation is free and confidential; and, at Ronald A. Ramos Law Office, you pay nothing unless we help you win just compensation.
Why Talking on the Phone While Driving Is Dangerous
Research consistently shows that talking on a cell phone while driving significantly impairs a driver’s ability to react to changing road conditions. The cognitive distraction of carrying on a conversation diverts mental resources away from the driving task. Studies by the National Safety Council found that drivers talking on phones miss up to 50 percent of their driving environment, including traffic signals, pedestrians, and other vehicles.
Even hands-free devices do not eliminate the danger. While hands-free calling allows drivers to keep both hands on the wheel, the cognitive distraction remains. The brain cannot effectively multitask between processing a conversation and the complex decisions required for safe driving. This is fundamentally different from talking with a passenger, who can see the road and naturally pauses conversation during demanding driving situations.
Texas Laws on Phone Use While Driving
Texas law under Transportation Code Section 545.4251 prohibits all drivers from reading, writing, or sending electronic messages while operating a motor vehicle. The City of San Antonio has enacted an even stricter ordinance that bans all handheld cell phone use while driving, including voice calls. Violations of the San Antonio ordinance carry fines, and if a driver causes an accident while violating these laws, the violation serves as strong evidence of negligence.
For commercial vehicle operators, federal regulations impose additional restrictions. CDL holders are prohibited from using handheld mobile phones while driving under Federal Motor Carrier Safety Administration rules. If a truck driver or commercial driver caused your accident while talking on the phone, both the driver and their employer may be liable for your injuries.
Building a Case Against a Driver Who Was on the Phone
Phone records are critical evidence in accidents caused by drivers who were talking on their cell phones. Your attorney can subpoena detailed call logs that show the exact times of incoming and outgoing calls, allowing them to determine whether the at-fault driver was on a call at the moment of impact. Witness testimony from passengers or bystanders who observed the driver holding a phone adds further support.
Accidents caused by phone-talking drivers often result in rear-end collisions, failure to yield crashes, and intersection accidents because the distracted driver fails to notice stopped traffic, red lights, or other vehicles with the right of way. Victims commonly suffer whiplash, back injuries, and brain injuries.
Speak with a San Antonio Car Accident Attorney
If a driver who was talking on their phone caused an accident that injured you, the car accident lawyers at the Law Offices of Ronald A. Ramos can help. We gather phone records, witness statements, and accident reconstruction evidence to prove the other driver was distracted and hold them accountable for your medical bills, lost wages, and pain and suffering. Contact us today for a free consultation.
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