According to the Texas Department of Transportation, the state of Texas passed a law in 2017 banning the use of wireless communication devices while a person was behind the wheel of a car. While cellphones and other devices are not the only causes of distracted driving accidents, they can contribute to the likelihood of these accidents occurring.
If you believe that you were in an accident with a driver who was distracted while behind the wheel of their car, you may want to work with a Fort Worth distracted driving accident lawyer. Contact Ben Crump Law, PLLC to determine what compensation you may be entitled to receive: (800) 598-7557.
Assessing and Establishing Liability In Fort Worth, Texas
To start off your case against another party, you must first compose and file a complaint detailing the accident you were in. In this complaint, you must identify the party you believe should be held liable for the expenses you incurred, be they medical or based on property damage.
Texas makes this process a little simpler, as it is a tort state. In Texas, one party involved in an accident will be declared the “at-fault” party, and it will be that party’s responsibility, in the eyes of their insurance provider, to attend to the losses of all other parties involved in the accident. If an insurance company can assign fault after an accident, a Fort Worth distracted driving accident lawyer will have an easier time holding said party responsible if you choose to pursue other avenues of compensation.
That said, you must still file a complaint for compensation against another driving within two years of the accident taking place, according to Texas Civil Practice & Remedies Code § 16.003. Known as the state’s statute of limitations, this section of code notes that failure to file such a complaint within that period of time will make legal action against another party impossible, regardless of whether or not they were at fault for your financial losses.
For a free legal consultation with a distracted driving accidents lawyer serving Fort Worth, call 800-959-1444
A Lawyer Can Help You Recover Your Financial Losses
Pursuing legal action against another party, even when you may have suffered losses due to their behavior, can be intimidating. An attorney can walk you through the process, though, and represent you whether you choose to seek out a settlement in court or in person.
During this process, a representative from Ben Crump Law, PLLC can:
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Present The Facts In A Complaint To A Court
As mentioned, a distracted driving accident lawyer must go about proving which party involved in your accident can be held responsible for the damages endured by those parties who suffered losses. To do so, the team with Ben Crump Law, PLLC can address evidence from the scene of the accident, including:
- Eyewitness accounts
- Video, photo, and audio footage
- Police reports
- Insurance claims filed by all parties involved
- Your medical expenses related to the accident
- Future procedures recommended by medical professionals to return you to your original quality of life
- Property damage
It will also be necessary for the team you work with to prove to a court that the driver in question was using a device or otherwise distracted at the time the accident took place. A Fort Worth distracted driving accident lawyer can then go about collecting this evidence into a complaint, which you can file with a court in your area.
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Assess Your Applicable Avenues For Compensation
The complaint you file should detail what compensation you believe you are owed after a distracted driving accident. You may file for:
- Medical expenses incurred by the accident
- Future procedures you or related parties may need to re-establish original quality of life
- Physical therapy
- Psychological counseling
- Lost wage and opportunity to work
- Pain and suffering
- Wrongful death
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Supervising Settlements Before A Court Or Independently
It is possible that the distracted driver with whom you get into an accident may be driving a commercial vehicle or truck. If this is the case, or if the driver prefers to resolve these issues without involving a court, they may offer you a settlement before you have a chance to craft your complaint. If this is the case, you can still benefit from a lawyer’s attention to your case. The team with Ben Crump Law, PLLC can go over an offered settlement with you to determine whether or not the involved party addressed all of your potential avenues for compensation. If you find yourself unsatisfied with what has been offered, you can continue working with a Fort Worth distracted driving lawyer to file a complaint.
Working On Contingency
After a distracted driving accident, you may feel a need to circle the wagons and keep a close eye on the resources you have at your disposal. Pursuing legal action may seem like a costly endeavor. The team with Ben Crump Law, PLLC understands these concerns and wants to help you work as you are most comfortable. As such, the law firm works on contingency. As you file your case and seek compensation for your losses, you will not be charged for our services. Instead, you will only receive an applicable bill if you are awarded the compensation you seek. Even then, Ben Crump Law, PLLC will take its service charges from your settlement, allowing you to continue maintaining your existing reserves without the stress of future payments.
Let A Fort Worth Distracted Driving Accident Lawyer Assess Your Case
It is easier than ever these days to become distracted while on the road. Even so, you do not have to walk away from a distracted driving accident unsure of how you are going to proceed financially. If you have suffered losses as a result of someone else’s roadway distraction, you can take legal action to seek out what compensation you may be owed. Contact Ben Crump Law, PLLC to discuss your avenues for compensation with a member of our team today: (800) 598-7557.
Call or text 800-959-1444 or complete a Free Case Evaluation form