SCUTT LAW PLLC

A recent study from Zendrive has revealed that from among 19 major metropolitan areas, Houston ranks near top for distracted drivers–with drivers being on their phones while driving at 9.44% of the time. The sight has become too familiar: glancing over while keeping a proper lookout while driving in your vehicle to see a driver next to you fully engrossed with their mobile phone / cell phone: texting, surfing the net, picking the latest song on their music service, among other things.

The Texas Department of Transportation has revealed that there were 95,000 accidents caused by distracted driving in 2018. Texas has enacted House Bill 62 making texting and driving illegal in Texas.

Under Texas law, this behavior could be categorized as negligence and even rise to the level of gross negligence: The two elements of gross negligence are: 1) viewed objectively from the standpoint of the actor, the act or omission must involve an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and 2) the actor must have actual, subjective awareness of the risk involved, but nevertheless proceed in conscious indifference to the rights, safety, or welfare of others. Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778, 785 (Tex. 2001) (citing Transp. Ins. Co. v. Moriel, 879 S.W.2d 10, 23 (Tex. 1994)); see Tex. Civ. Prac. & Rem. Code § 41.001(11).

At present, most people have likely seen a billboard or commercial detailing the dangers of texting and driving. So, if the bad actor texts and drives, knowing that they could injure someone, and then does in fact injure someone, then they could be liable for gross negligence. Gross negligence can also open the defendant up to exemplary (punitive) damages in Texas. TX CPRC Chapter 41.

If you have been injured due to a distracted driver, then contact Scutt Law, PLLC for a free case consultation.