Austin Wrongful Death Attorney says expert counsel is essential.

The Austin Texas law firm Shaw Cowart LLP today highlighted the increased incidence of “Wrongful Death “ in Austin due to distracted driving. The main culprit is drivers using their cell phones and in particular texting whilst driving.

The spokesman for Shaw Cowart pointed out that the Department of Transport in Austin had launched a campaign called “Talk, Text, Crash” (Text Dot) in response to a serious increase in deadly incidents due to drivers being distracted by texting on their mobile phones whilst driving. The spokesman for Shaw Cowart pointed out that the deputy director of Text Dot had said that last year 459 people died due to drivers’ texting and being distracted. Distracted drivers, mostly using their mobile phones whilst driving, causes one in five deaths in traffic accidents in Texas. In many countries the use of mobile phones whilst driving is prohibited, and those using their cell phones are four times more likely to be involved in a traffic accident, Shaw Cowart’s spokesman noted. When a driver is texting it takes his eyes of the road for 4.6 seconds, which is equivalent to driving the length of a football field blind at 55 miles per hour.

This is willful negligence as well as driving without due care and attention. The spokesman for the law firm emphasized the need for those who are either injured, or in the case of a fatality, the relatives and dependents of the deceased to seek experienced legal representation as quickly as possible to seek immediate damages for death or injury, medical bills, loss of earnings, future ability to work, or loss of the breadwinner for the family. Distress is also a cause for damages. The key to a successful action, according to the Shaw Cowart spokesman is establishing the negligence of the driver and securing reliable witness evidence, which can be a difficult process. Whilst the police may well take action against the driver under the law for a criminal offence of negligent and dangerous driving resulting in injury or death, the plaintiff in the case should initiate proceedings in a civil court for damages to ensure proper compensation for injury or death. It is essential that the plaintiff realize that the criminal case and the civil action for damages are two separate court actions. When a plaintiff is injured or his or her family is in deep distress it is essential to have an attorney specialized in Wrongful Death” cases who can act decisively in his client’s favor. Negligence has to be proved beyond reasonable doubt and this needs a specialized attorney, the spokesman for Shaw Cowart said.

Texting whilst driving is banned in most developed countries and should be illegal in Texas the spokesman said. It is, he added a criminally negligent action, which costs lives and causes serious and lasting injuries to the public. It requires more than a publicity campaign by the Department of Transport, it should be against the law and the subject of criminal proceedings resulting un severe penalties for the driver including a driving ban. This is common practice in many countries, the Shaw Cowart spokesman added. Using a hands free cell phone connection in the car may mitigate the distraction when the driver receives a telephone call but it is still a distraction, he added. There can be no such excuse for texting on a cell phone whilst driving which can be deadly with lifelong consequences for the injured party and his or her family. Road safety should be a priority in the state of Texas, he concluded.

For media contact information call Attorney Ethan L Shaw, Shaw Cowart LLP on 1-512-499-8900.

Contact Details:
Shaw Cowart LLP
1609 Shoal Creek Blvd, Suite 100
Austin, TX 78701
Toll Free Phone: 1-877-303-0383
Phone: 1-512-499-8900
Website: http://www.shawcowart.com/