A car crash can leave you dealing with serious injuries, costly medical bills, and unplanned time away from work. Our San Antonio car accident lawyers can help you pursue accountability in this uncertain and painful situation.
The Texas Law Dog has been representing Texans since 2018. If you or someone you love was injured in a crash with a distracted driver, a San Antonio distracted driving lawyer can guide you through the process of filing a claim and seeking compensation.
What Is Distracted Driving?
Distracted driving occurs when a driver diverts their attention away from operating the vehicle safely. Distractions can be visual, manual, cognitive, or a combination of these types. Common distractions for drivers include:
- Texting or sending messages
- Looking at social media
- Making or answering phone calls
- Using a navigation application
- Changing radio stations or making other adjustments to the entertainment system
- Eating or drinking
- Reaching for an object
- Grooming
- Talking with passengers
- Reading
- Using other electronic devices
Why Hire a San Antonio Distracted Driving Attorney?
A San Antonio personal injury lawyer can help with your case by:
- Investigating the accident: We can investigate the crash and gather police reports, surveillance footage, witness testimony, and other evidence to prove who is at fault.
- Calculating your damages: We can tally your economic and non-economic damages and determine your claim’s value.
- Handling insurance negotiations: We can communicate with the insurance company on your behalf and attempt to negotiate a settlement.
- Pursuing a lawsuit: If the insurance company refuses to offer a fair settlement, we can help you take your case to court.
San Antonio Distracted Driver Car Accident Lawyer Near Me (817) 775-5364
What Should You Do After a Distracted Driving Accident?
The actions you take after a car crash can affect your ability to prove what happened.
You should:
- Call 911: Notify the police and request a copy of the accident report.
- Document the scene: If your condition permits, photograph the vehicles, the accident scene, and your injuries.
- Gather information: Obtain the other driver’s name, contact information, driver’s license information, insurance details, and vehicle information.
- Visit a doctor: Get evaluated by a physician to document your condition for your claim.
- Identify witnesses: Ask witnesses for their contact information if they are willing to provide it.
- Save evidence: Keep medical records, bills, photographs, repair estimates, correspondence with insurers, and other documents related to the crash.
- Be careful with statements: Avoid discussing fault or minimizing your injuries when speaking with adjusters or people at the scene about the accident.
- Notify your insurer: Report the collision as required by your policy, but don’t agree to a settlement or give a recorded statement until you speak to an attorney.
- Speak to a lawyer: Our lawyers can investigate your crash and secure important evidence before it is lost.
What Types of Compensation Are Available?
You can recover a variety of damages after a distracted driving accident, including:
- Medical expenses: You can recover compensation for emergency treatment, hospital stays, physician visits, medication, rehabilitation, physical therapy, and future medical care.
- Lost income: You may pursue compensation for wages you lost during your recovery if your accident rendered you unable to work.
- Reduced earning capacity: If a serious injury affects your ability to perform your previous job or earn the same income in the future, you may receive additional compensation.
- Property damage: You can pursue compensation for the cost of repairing or replacing your vehicle and other personal property damaged in the collision.
- Pain and suffering: You may pursue damages for the physical pain and discomfort caused by your injuries.
- Emotional distress: You may receive compensation for anxiety, fear, and other psychological consequences of the crash.
- Disfigurement: Permanent scarring, burns, or other changes to your appearance may result in additional compensation.
- Loss of enjoyment of life: If your injuries prevent you from participating in activities and hobbies you previously enjoyed, you may be entitled to additional compensation.
- Punitive damages: If you can prove that the defendant acted with malice or gross negligence, additional damages may be awarded.
What Is the Deadline to File a Distracted Driving Accident Claim in Texas?
Texas Civil Practice and Remedies Code § 16.003 generally gives you two years from the date of a distracted driving crash to bring a personal injury lawsuit against the driver who hit you. However, if your case involves government vehicles or injured minors or the defendant leaves the state, a different statute of limitations may apply.
Waiting to file your claim can create unnecessary problems. Important evidence may become harder to obtain, and witnesses may become more difficult to locate. A distracted driving lawyer in San Antonio can help you file your claim as soon as possible.
What if I Am Partially at Fault for the Accident?
Being partially responsible for an accident does not necessarily prevent you from recovering compensation in Texas. The state follows a modified comparative negligence system, which means you can still pursue damages as long as you are no more than 50% at fault. However, if you share liability, your compensation will be reduced according to your percentage of fault.
For example, if your total damages are $100,000 and you are found 20% responsible, your recovery would be reduced to $80,000.
What Types of Injuries Can Distracted Driving Accidents Cause?
Distracted driving crashes can cause a wide range of injuries, such as:
- Whiplash and other neck injuries
- Back and spinal cord injuries
- Broken and fractured bones
- Traumatic brain injuries
- Concussions
- Internal injuries
- Shoulder and joint injuries
- Soft-tissue injuries
- Burns
- Lacerations and bruising
- Nerve damage
- Amputations
Some injuries may not be immediately apparent after a collision. Symptoms can develop hours or even days later. Seeking medical attention after an accident can help identify injuries and create medical documentation connecting those injuries to the crash.
Consult a Distracted Driving Attorney in San Antonio
A crash with a distracted driver can have life-changing consequences. If you were hit by someone who wasn’t paying attention to the road, a San Antonio distracted driving attorney from The Texas Law Dog can help build your claim, negotiate with the insurance company, and, if necessary, fight for you in court.
Schedule a free case evaluation to discuss your accident with an attorney.
