Distracted driving is a major factor in car accidents, affecting not only drivers but also pedestrians and cyclists. The consequences of a moment’s distraction at the wheel can be life-altering, leading to significant physical, emotional, and financial distress.
Finding the right distracted driving accident lawyer is crucial when you or your loved ones are the victims of such negligence. The support and guidance of a knowledgeable attorney can make a big difference in navigating the aftermath of the accident and moving forward with your life.
Texas Distracted Driving Laws
Texas has enacted several laws to combat distracted driving, recognizing the significant dangers it poses. Since Sept. 1, 2017, it has been illegal to text while driving across the state. This includes the sending, reading, or writing of any electronic messages. The law extends to cover various forms of digital communication while operating a vehicle.
Regulations on Cell Phone Use
All drivers under the age of 18 are prohibited from using handheld devices while driving. Similarly, school bus drivers are forbidden from using cell phones when children are present. For new drivers holding a learner’s permit, there is a total ban on cell phone use during the first six months of driving, regardless of whether the device is handheld or hands-free.
In school zones, all drivers, regardless of age, are prohibited from using handheld devices. This law is enforced to protect the heightened activity of children around schools and to prevent accidents in these densely populated areas. It’s also important to note that some Texas cities may have additional local ordinances that further restrict or regulate the use of cell phones while driving.
Penalties for Violations
Violating these distracted driving laws can lead to significant penalties. For a first offense, the fine is $99, but this can increase to $200 for subsequent offenses. More severe consequences are imposed if distracted driving leads to an accident. In such cases, fines can escalate quickly, and the offending driver may face criminal charges including reckless driving.
Legal Recourse for Victims
If you’ve been involved in a distracted driving accident, your first step toward justice may involve filing a claim with the at-fault driver’s insurance company. It’s crucial to establish that the other driver was negligent, typically by proving they were distracted at the time of the accident. Evidence such as police reports, eyewitness statements, and cell phone records can be instrumental in supporting your claim.
If the insurance company denies your claim or offers an unfair settlement, you have the option to negotiate for a higher amount. Remember, insurance companies often have extensive experience in undervaluing claims, so having a skilled attorney by your side will be crucial.
Personal Injury Lawsuits
Should negotiations with the insurance company fail, you may consider filing a personal injury lawsuit. This legal action allows you to seek compensation for damages such as medical expenses, lost wages, and pain and suffering. In Texas, you have two years from the date of the accident to file a lawsuit, a deadline known as the statute of limitations. Proving the distracted driver’s liability is key, and this can be supported by various forms of evidence, including surveillance footage, dashcam videos, and expert witness testimony. An experienced attorney can guide you through this process, helping to ensure that all relevant evidence is presented effectively.
Proving Liability
Proving the liability of a distracted driver relevance? involves demonstrating that their negligence directly caused the accident and the resulting damages. Access to the distracted driver’s cell phone records can reveal text messages or calls made close to the time of the accident, establishing a timeline of distraction. Additionally, accident reconstruction experts can help illustrate how the driver’s distraction led to the accident, providing a clear link between their actions and the crash. Witness statements and video footage from traffic or security cameras can further support your claims.
Recoverable Damages
There are many different types of compensation you might be able to receive if you were the victim of a distracted driving accident. These might include:
Recoverable Damages
From emergency room visits to ongoing care, surgeries, and medications, these expenses form a significant part of the recoverable damages in a personal injury claim. It’s essential to document all related medical expenses meticulously, as they are directly reimbursable. This comprehensive documentation should include all receipts and records from healthcare providers.
Property Damage
It’s likely that your car was significantly damaged in the accident, and it’s likely going to cost a lot of money to fix. If the accident wasn’t your fault, you shouldn’t be responsible to pay for the damages to your vehicle. A skilled lawyer will be able to argue that the defendant should be the one paying.
Lost Wages
If your injuries from a distracted driving accident prevent you from working, you may be entitled to compensation for lost wages. This includes not only your missed salary or hourly pay but also overtime, bonuses, and other benefits you would have earned. For those who face long-term impacts on their ability to work, compensation for lost earning capacity can also be part of their case. Estimating these losses often requires detailed documentation, such as pay stubs, employment letters, and, in some cases, expert testimony on your projected career trajectory and earnings.
Pain and Suffering
Beyond the tangible economic losses, you may also recover damages for pain and suffering, which means the physical and emotional distress caused by the accident. Figuring out how much pain and suffering is worth usually involves a detailed explanation of the accident’s impact on your daily life, supported by personal records, medical expert testimony, and psychological evaluations.
By understanding these categories and preparing your claim with the necessary evidence, you can make a compelling case for the full amount of damages you deserve.
Need Help After a Distracted Driving Accident in Texas? Contact Pastrana & García Injury Law
Pastrana & García Injury Law is ready to help anyone injured in a distracted driving car accident. For those navigating the complexities of a personal injury claim stemming from a distracted driving accident, our experienced team page offers the guidance needed to assert your rights and secure the compensation you are owed.
Call our offices today at 512-474-4487 or reach out online to get started on your personal injury claim. We’re here to guide you through the challenging times following your accident. Remember, the journey towards justice and recovery is not one you have to make alone.
FAQs
In Texas, there is no cap on the recovery of economic damages from a car accident lawsuit. However, while non-economic damages are capped in medical malpractice cases, they are not limited to car accidents.
In Texas, the statute of limitations for charging someone with a misdemeanor for leaving the scene of an accident is two years from the date of the incident. For felonies, the limit extends to three years.
Yes, in Texas, you can legally sue a hit-and-run driver for damages, particularly if the accident resulted in serious injuries and losses. Compensation can be pursued through legal action, even if the driver’s identity or insurance details are unknown.
Texting while driving is prohibited throughout Texas. Additionally, some cities in Texas have implemented a complete ban on using cellphones while driving.
