distracted driver accident

Distracted Driving Accident Attorney

Distracted Driving is a Leading Cause of Traffic Fatalities

In recently filed lawsuits personal injury attorneys argue that distracted drivers and technology developers should be held accountable for the lives lost at the hands of those toying with their phones. They say that drivers and developers need to be held accountable in order to prevent future tragedy.

Texas: 1 in 5 crashes were caused by a distracted driver in 2020.

Distracted driving kills. Diverting attention away from driving exposes you, your passengers, and others to serious driving hazards. As Austin distracted driving attorneys, lawyers at McMinn Law Firm know the frequent and serious hazards of driving while distracted.

distracted driving auto crash

Victory For Survivor of Auto Accident Caused By Distracted Driving

A distracted driver attempted an unsafe left turn and struck the client's vehicle on the passenger side. The impact caused the client's vehicle to rollover two times. The client of McMinn Law Firm was rushed to the ER for her personal injury damages including injury to her back, concussion and TBI.

Total Settlement: $145,007.00 | Lawyer's Fees: $48,335.66 | Net to Client: $69,660.57 | Med Bills $26,660.57 | Misc Fees: $1,008.52

Serious consequences of texting and driving

  • Distracted driving killed 364 in 2020.
  • In Texas, 2,200 were seriously injured by distracted driving in 2020.
  • 660,000: Estimated number of drivers using electronic devices while driving during the day.
  • 5,268 – the reported number of crashes caused by distracted drivers in 2019.
  • 15 people were killed in Travis County in 2019 at the hands of distracted drivers. And distracted driving killed 1 person in Hays, 6 people in Bastrop County, 1 person in Burnet County, and 1 in Blanco. 23 lives were lost in the Austin area in 2019. All 100% preventable losses.

Read more crash data from TXDoT here.

What do I do if I get hit by a distracted driver?

Unfortunately distracted drivers cause devastating crashes in Texas. Reckless drivers break the rules (such as the driving-while-texting-ban) established to prevent injury. If you were injured by a distracted driver, you can sue for a cash settlement.

A personal injury attorney with experience in distracted crashes can help you get the compensation you need after a crash.

Distracted Driving Accident Attorneys

McMinn Law Firm leaves no stone unturned in distracted driving crashes. Discovery, or gathering evidence in a case, is an important part of every personal injury case. Phone records can reveal whether or not an at-fault driver recklessly used their phone leading up to a serious auto crash.

Lawyers Know Rideshare (Uber or Lyft) App Operators Drive While Distracted

McMinn Law Firm has joined others in suing technology companies such as Apple, Lyft, and Uber for failing to restrict device users from injuring others while texting and driving.

Personal injury attorneys argue that distracted drivers and technology developers need know it is their responsibility to take action to prevent loss of life at the hands of those toying with their phones. It is a reasonable expectation that people should be able to walk, drive or cycle on Austin roadways without being harmed by others’ negligence.

A family torn apart by distracted driving

In October of 2015, the lives of the Edwards family were changed forever in a matter of seconds. On the way to her brother’s wedding rehearsal, Kate got into an Uber with her mother, father, and fiancé.

But on the way to the restaurant, the Uber driver attempted to accept a ride from Lyft rider. The driver made an unprotected left turn, causing a serious crash that killed Kate and her mother, Irene, moments before the wedding rehearsal.

McMinn Law Firm has filed a lawsuit against Lyft, on behalf of the Edwards family. The lawsuit says the driver of the Uber could have been prevented from using the Lyft while the vehicle is moving or other apps are open.

This liability question is similar to other cases filed against technology companies. It comes at a time when distracted driving is at an all time high. Personal injury lawyers like Jason McMinn call on drivers and companies to share their responsibility in tragedies like this.

Liability in Distracted Driving Cases Shared by Multiple Parties

Experts say this tragedy could have been prevented with the technology available to app developers at Lyft. A case was filed against Apple involving a Texas family that lost a daughter in a car crash because the distracted driver was FaceTiming on his iPhone while driving. And more recently, a lawsuit was filed in Minnesota when a family lost their son when a driver was texting and driving.

Lawsuits could pave new road in requiring technology companies to prevent distracted driving

McMinn Law Firm maintains that it is the responsibility of technology companies to develop products that do not cause harm to Americans. McMinn’s lawsuit against Lyft is a reminder that a safer product could have prevented the deaths of Kate Edwards and Irene Edwards.

The Minnesota case was filed after 20-year-old David Riggs was hit and killed by a texting driver. His father, Craig Riggs, has filed a lawsuit against Apple. The suit holds the Cuppertino company partly responsible for the tragedy, stating that the company has not installed available technology that could prevent drivers from texting and driving.

It is a reasonable expectation that people should not lose their lives because of the features on smart phones or in apps don’t take safety into account. Developers of apps and creators of cell phones should be held partially accountable for the thousands of deaths caused each year by distracted driving.

Apple argues that it shouldn’t be accountable for crashes caused by people using their technology. In a response to the Texas family who lost their daughter to a FaceTiming driver, Apple said that people “engage in a wide variety of distractions while driving, but these actions do not make the product manufacturers or service providers liable.”

While a lipstick tube can’t detect whether the driver is behind a wheel, a cell phone can. The average text takes 5 seconds to read. If moving at 55 miles per hour, that’s the equivalent of traveling the span of five football fields. New data collected from actual device use shows that cell phones are used during 88 percent of trips.

If left completely ignored, distracted driving is a serious health issue that has little consequence for those who commit the crime. In some parts of Texas, there are no consequences for this risky behavior.

After causing a crash that killed 13, a Uvalde man admitted to a witness that he was texting and driving. But immediately following the crash the man faced no legal charges because what some call “intexticated” driving was, at that time, still legal in the area.

Texas has Its Own Statewide Texting Ban

Lawmakers in Texas made distracted driving illegal statewide in the 2017 legislative session.

On September 1, 2017 a law went into effect statewide prohibiting drivers from reading, writing or sending electronic messages on mobile phones while driving.

Until the law was put into effect, Texas remained a holdout among only four states that did not have a distracted driving ban. In previous legislative sessions, House Speaker Tom Craddick, R-Midland, attempted to pass legislation that would prevent distracted driving.

Distracted drivers and developers of smartphone technology should be held accountable in for the negligence that harms our Texas communities.

At McMinn Law Firm we work tirelessly to hold reckless drivers accountable. If you or someone you love was injured by a distracted driver, we have the resources to investigate your case and secure justice.