Driving is a complex action that requires focus and concentration. Unfortunately, many people drive while distracted and cause accidents that seriously injure others. If you were hurt in a collision with a distracted driver, you may have suffered a concussion, back and neck injuries, broken bones, and other forms of harm. You may have been treated in a hospital and may have to continue to see a chiropractor or a physical therapist for months.
You may be unable to work because of the accident. Depending on the nature and extent of your injuries, you may be able to return to your old job at some point, or you may be unable to perform the same duties and may have to look for new career options. You may be permanently disabled and may not be able to work at all.
The combination of physical pain, limited mobility, lost income, and expensive medical bills may be causing you to feel anxious and may be making it difficult to get a good night’s sleep. The stress may be impacting your relationships with your spouse and children.
A Houston distracted driving accident lawyer may be able to help you seek a financial award to compensate you for your losses. Ben Crump Law, PLLC, has assisted people across the United States who were hurt by the negligence of others. We may be able to file a personal injury lawsuit on your behalf. Call our office at 800-959-1444 to speak with a member of our staff.
Defining Distracted Driving
Distracted driving can take many forms. Using a cellphone is one of the most common. Talking and texting are dangerous because they take the driver’s focus off the road. Texting is particularly risky because it requires the person to look at the phone and to take one or both hands off the steering wheel. A driver who is texting is, in essence, driving blind and will be unprepared to respond quickly if another motorist hits the brakes or changes lanes, if a person or an animal runs into the road, or if some other unforeseen situation arises.
Even using a hands-free device can lead to an accident. Participating in a conversation can take a motorist’s attention off the task of driving. A person who is focused on a conversation, especially an emotional one, may not notice the actions of other drivers or pedestrians and may not respond appropriately to a potential danger.
Drivers can be distracted in a host of other ways. Changing the radio station, looking for something in the center console, reaching for a beverage, entering a destination in a GPS, reaching for an object on the floor or in the backseat, having a conversation with a passenger, and dealing with a crying child or an unruly pet can all cause a motorist to become distracted. It only takes a second for a collision to happen.
For a free legal consultation with a distracted driving accidents lawyer serving Houston, call 800-598-7557
How Can a Distracted Driver Be Held Accountable?
A person who was driving while distracted and caused an accident may be found negligent. A person who is negligent had a duty to act in a reasonable way (i.e., not drive while distracted), the individual breached that duty, the driver’s negligence caused injuries to another person, and the injured person suffered damages.
Under Texas Transportation Code § 545.4251, using a cellphone to text or send an email while driving is prohibited and is punishable by a fine. Using a hands-free device or a GPS while driving is not prohibited, but those actions can still cause a driver to become distracted and can result in a collision.
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How a Houston Distracted Driving Accident Lawyer May Be Able to Help You
The team at Ben Crump Law, PLLC, can begin by reviewing the police report detailing what led to the accident. We can learn whether the other driver was distracted by a cellphone or by something else and whether a police officer gave the other motorist a ticket or a warning for distracted driving. If so, that information can help us build a case demonstrating that the driver was negligent.
We can interview you, your passengers (if any), and any eyewitnesses who came forward with information on the crash. We may learn that a traffic camera, a security camera, or someone’s cellphone recorded the accident. If any video of the collision exists, that may provide valuable evidence.
Once we have figured out what happened, we may decide to file a personal injury lawsuit to seek compensation on your behalf. We may pursue a financial award that will cover your past and future medical expenses related to the crash, lost income, reduced earning capacity, and pain and suffering.
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What If You Were Partly Responsible for the Accident?
An attorney representing the other driver may claim that you share some of the blame for the collision. For instance, the lawyer may argue that you were speeding at the time of the crash and that you would have been able to avoid an accident if you had been driving at the speed limit.
Texas has a modified comparative negligence law to deal with situations such as those. If you are found to be partly responsible for the collision, you may still be entitled to compensation, as long as you were not more than half liable. A financial award that you would have been otherwise received may be reduced by a percentage to account for your amount of fault for the crash.
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Contact a Personal Injury Attorney to Seek Justice
If you were hurt in a collision, a Houston distracted driving accident lawyer may be able to help you pursue financial compensation, but you have a limited amount of time to act. Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations to file a personal injury lawsuit is two years.
People who have been hurt in car accidents sometimes do not file a lawsuit because they think that they could not afford to hire an attorney. You do not have to be concerned about that because Ben Crump Law, PLLC, operates on a contingency basis. That means that we will not charge you any money upfront. We will only collect a fee if we obtain a financial award for you. Call our office at 800-959-1444 to discuss your case with a member of our team.
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