What if the driver who caused my bicycle accident was texting while driving?

If the driver who caused your bicycle accident was texting while driving, the accident may have been considered a negligent act that could make them liable for your damages. Texas is a “fault” or “tort” state when it comes to motor vehicle accidents, meaning that one or more of the parties involved in the accident are liable for resulting damages. Therefore, if the driver was texting while driving and that caused the accident, they may be liable for your injuries and damages. Additionally, if the driver’s insurance company can prove that their policyholder was texting while driving and that this was the cause of the accident, the company may be obligated to pay for your damages. In Texas, a driver’s insurance company is allowed to pursue legal action against their policyholder if they can demonstrate the policyholder’s negligence in causing an accident. Although proving the driver’s negligence in a texting and driving accident can be difficult, collecting evidence immediately following the accident can help strengthen your case. You should make sure to not only gather contact information of the driver and other parties involved in the accident, but also take pictures of the scene if possible. Additionally, it is essential to seek medical care as soon as possible so that any injuries sustained from the accident can be documented. Having detailed records of the accident can help you in your legal pursuit of fair compensation.

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