Distracted driving often claims the lives of innocent bystanders and car occupants. It can also cause devastating injuries. Distracted driving was responsible for almost 3,000 fatalities on US roads in 2018 alone, according to the National Highway Traffic Safety Administration (NHSTA). Among those killed were 400 pedestrians and 77 cyclists.
Distracted driving accidents are easily avoidable if drivers always pay full attention to the road and traffic around them. It can be extremely upsetting to find out that a careless distracted driver is responsible for your injuries or the death of a loved one. However, help is available if you are looking to take legal action against an at-fault driver. You may be able to settle your case through an insurance claim or lawsuit.
A Dallas distracted driving accident lawyer can advise you and help with all aspects of filing a lawsuit. Call Ben Crump Law, PLLC today at 800-959-1444 for a free, no-obligation review of your case.
Types of Distracted Driving
If you have been in an accident recently and suspect that the other driver was distracted, you might wonder what exactly counts as distracted driving. Texas laws regarding distracted driving focus primarily on texting and phone use. The Texas Department of Transportation reports that a ban on using wireless communication devices while operating a motor vehicle was passed in 2017. Texting, reading, or writing emails is prohibited while driving in Texas.
However, there can be many other distractions besides a cell phone or electronic communication device. In fact, distracted driving can be anything that takes your mind and eyes away from where they should be—on the road. Instances of distracted driving can include:
- Texting or talking on your phone
- Interacting with other car passengers
- Looking at something other than the road and traffic
- Using the GPS
- Playing loud music
- Eating and/or drinking
- Having unsecured pets in the car
- Personal grooming
Any non-driving activity can take a driver’s attention away from the road and play a role in causing an accident. If you suffered injuries and other losses due to a distracted driver, you may be able to file a personal injury lawsuit and obtain compensation for your medical expenses and your suffering.
A Dallas distracted driving accident lawyer can analyze your case and explain your legal options to you. To get started, call Ben Crump Law, PLLC today.
For a free legal consultation with a distracted driving accidents lawyer serving Dallas, call 800-598-7557
Negligence in Distracted Driving Cases
While it may have been completely obvious to you that a driver was driving distractedly, if you file a claim, you will need to prove this with adequate evidence that holds up in a court of law. So, how can you prove that another driver was acting negligently? Some types of information must be obtained at the time of the accident, but others can be gathered after the fact.
You Witnessed It
You may have seen the other driver eating, drinking, or looking down at their phone or GPS just before the accident happened. If you saw a driver acting and driving distractedly, be sure to notify police so it can be included in the police accident report and serve as evidence later.
There Are Witnesses
If there were any eyewitnesses to the accident, such as other car drivers or bystanders, it is pivotal that they give a statement to the police. You should also collect their contact details. If your claim goes to court, eyewitness testimony can be crucial evidence.
Dash or Traffic Camera Footage
In some cases, you can rely on traffic camera footage to show a distracted driver’s actions. However, you will need to arrange for getting any traffic camera footage as soon as you can after an accident, as traffic camera recordings are typically deleted after a few days or weeks.
A police report can be important evidence in any accident. It is also an opportunity for you to explain to an officer how the accident happened, so they can document everything you saw.
If you took any photographs at the scene of the accident, especially of any damage to the vehicles, keep them safe as evidence. Photographs can provide excellent evidence in a distracted driving accident case.
If a driver used their phone at the time of an accident, phone records can provide powerful evidence.
In order to receive compensation for your injuries, you will have to produce evidence of your injuries and medical costs. This can be in the form of medical reports and medical bills or statements.
Generally, the other driver owes a duty of care to you as well as all other road users. If they breached that duty by driving distractedly and caused your accident and injuries, the driver was most likely negligent.
However, proving this is another matter—especially when something other than a phone caused the driver’s distraction. Because it can be challenging to prove negligence in a distracted driving accident, consulting with a Dallas distracted driving accident lawyer could be helpful.
Dallas Distracted Driving Accident Lawyer Near Me 800-598-7557
Compensation You Could Receive
First, you will most likely try to get coverage from the insurance of the at-fault driver. However, if this proves complicated or if the coverage limit is too low to compensate you adequately for your injuries and financial losses, you may wish to file a personal injury lawsuit. Depending on your specific case and the severity of your injuries, you could recover various types of compensation in a lawsuit, including:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
You could also receive other types of compensation. In some cases, especially if the at-fault party had no regard for life and limb of other road users and acted recklessly, they may have to pay punitive damages to you.
Contact Us Today for Help
Timely action is of the essence if you wish to recover compensation for your distracted driving accident. If you are the victim of a negligent distracted driver, we believe that you should not have to carry the burden of costs connected with the accident.
A Dallas distracted driving accident lawyer can help with your case in several ways, including:
- Gathering evidence
- Providing legal advice
- Building your case
- Fighting for you in court
You do not have to worry about any out-of-pocket costs—we work on contingency, so there are no attorney’s fees unless and until we win your case. Are you ready to fight for justice? Call Ben Crump Law, PLLC today at 800-959-1444 to find how we can help you get compensation.
Texas Statute of Limitations on Car Accidents
If you wish to take legal action after suffering injuries in a distracted driving accident, you have two years to file a personal injury lawsuit according to statute of limitations § 16.003. The sooner you file a lawsuit and allow a Dallas distracted driving lawyer to take on your case, the sooner you may collect compensation for the damages you endured. We want to gather evidence, interview witnesses, and fight for justice and a monetary award so you can get your feet back on the ground.
Call Ben Crump Law, PLLC at 800-959-1444 for your free case evaluation with a representative of our firm. We do not shy away from tough cases and want to hear about yours.