If you were injured because another motorist was texting, looking at a phone, eating, adjusting controls, or otherwise distracted, our distracted driving lawyers in Rockwall can help you pursue a claim for your losses.
Founded in 2018, The Texas Law Dog represents injured Texans with the benefit of our founder’s prior insurance-industry experience. Matthew E. Aulsbrook worked in insurance and owned agencies before becoming an attorney, giving our firm insight into how carriers investigate crashes and challenge injury claims.
Contact us for a free consultation with a Rockwall car accident lawyer if you were hurt by a distracted driver.
What Counts as Distracted Driving in Texas?
Distracted driving includes conduct that takes a driver’s eyes, hands, or attention away from operating the vehicle safely. Our Rockwall personal injury lawyers look at what the driver was doing immediately before the collision and whether that conduct contributed to the crash.
Texas law specifically prohibits a driver from using a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped. The statute contains defenses and exceptions for certain uses, including hands-free operation and navigation.
A driver can still be negligent even when the distraction does not violate that specific texting statute. Eating, turning toward a passenger, reaching into the vehicle, or focusing on dashboard controls can support a negligence claim if the conduct causes a crash.
How Our Rockwell Distracted Driving Lawyers Prove What Happened
Drivers do not always admit to looking at a phone or paying attention to anything other than the road. Proving distraction often requires comparing several pieces of evidence with the timing and mechanics of the collision.
Depending on the circumstances, evidence may include:
- Police reports and statements made at the scene.
- Witness accounts.
- Photos or video of the collision.
- Traffic or surveillance camera footage.
- Dash camera recordings.
- Phone records, when they are legally obtainable and relevant.
- Vehicle data.
- Crash scene evidence and vehicle damage.
- Messages, social media activity, or other digital records when admissible.
A Rockwall distracted driving attorney can determine which evidence is likely to help establish what the other driver was doing before impact.
Rockwall Distracted Driver Car Accident Lawyer Near Me (817) 775-5364
Liability in Distracted Driving Accident Cases
A driver who causes a crash through negligent distraction may be financially liable for the resulting injuries and losses. Liability depends on whether the evidence shows that the driver failed to use reasonable care and that this failure caused the collision.
Another party may sometimes share responsibility. For example, several drivers can contribute to the same accident, and Texas law allows percentages of responsibility to be assigned among the parties.
Texas follows a modified proportionate responsibility rule. Your recovery can be reduced if you share fault, and you generally cannot recover damages if your percentage of responsibility is greater than 50 percent.
Compensation After a Distracted Driving Crash
A personal injury claim can seek compensation for losses caused by another driver’s negligence. The amount available depends on the evidence, the severity of your injuries, and how those injuries have affected your life.
Damages may include:
- Past medical expenses.
- Reasonable future medical expenses.
- Lost wages.
- Loss of earning capacity.
- Physical pain.
- Mental anguish.
- Physical impairment.
- Disfigurement.
- Property damage when applicable.
A distracted driving accident lawyer in Rockwall can evaluate the claim based on documented losses rather than an insurer’s initial settlement offer.
Wrongful Death Claims After a Fatal Distracted Driving Accident
When a distracted driving crash results in a death, Texas law may allow certain surviving family members to bring a wrongful death claim. These claims are separate from the personal injury claim the person could have pursued had they survived.
Wrongful death damages can address losses such as lost earning capacity, lost care and support, mental anguish, and loss of companionship. Depending on the circumstances, funeral and burial expenses may also be recoverable.
A survival claim may also be available through the estate for losses the person experienced between the time of injury and death. Our legal team can explain how wrongful death and survival claims may apply to the same fatal crash.
Texas Deadline for a Distracted Driving Accident Lawsuit
Texas generally gives you two years from the date a personal injury claim accrues to file a lawsuit. Wrongful death claims are also generally subject to a two-year limitations period, although exceptions can affect how a deadline is calculated.
The filing deadline is not the only reason to address the claim sooner. Surveillance footage can be overwritten, witnesses may be difficult to locate, and digital evidence may be harder to obtain.
Our distracted driving attorneys in Rockwall can review the applicable timeline based on the circumstances of your accident.
Why Choose The Texas Law Dog After a Distracted Driving Crash?
The Texas Law Dog approaches insurance disputes with experience from both sides of the industry. Before practicing law, Matthew E. Aulsbrook worked in insurance and owned agencies. He now uses that background to represent injured people rather than insurers.
Our firm has served Texas communities for years, building local professional relationships and resources along the way. We know the legal environment in which these claims are handled and believe clients should receive clear answers about their cases.
Our Fee and Consultation Options
Personal injury cases are handled on a contingency-fee basis, so you pay zero attorney fees unless we recover compensation for you.
We can travel for consultations when appropriate. If you need financial assistance while an injury claim is pending, we may also refer you to outside resources.
Talk to a Rockwall Distracted Driving Attorney
If another driver’s lack of attention caused your injuries, you have the right to ask how that conduct affects your ability to recover compensation. The Texas Law Dog can provide a straightforward assessment based on the available facts and evidence.
Contact us for a free consultation with a Rockwall distracted driving attorney. You can ask questions about the accident and get a clearer understanding of where your claim may go from here.
