There is no reason for a driver to focus on anything other than the road. Regardless, motorists sometimes drive while distracted, putting people in danger. If a distracted driver is at fault for an accident in which you are injured, hold them accountable. Talk with a distracted driving lawyer in Arlington, and your attorney can help you get money from the at-fault motorist.
At The Texas Law Dog, we want to do everything we can to help the victims of distracted driving accidents. Our team is available 24/7 to discuss your distracted driving case with you. We have helped our clients obtain millions of dollars in compensation and will assist you with your case in any way we can. To learn more, consult with an Arlington car accident lawyer from our team.
Why Now Is the Ideal Time to Hire an Arlington Distracted Driving Accident Lawyer
A distracted driving attorney in Arlington wants you to recover compensatory damages from the motorist at fault for harming you. Initially, they may ask you questions about your car accident. Your lawyer can look at traffic camera footage of the incident and speak with witnesses. Doing these things may help your attorney start gathering evidence to support your case.
Your Arlington personal injury lawyer can request compensation for you from an at-fault motorist’s insurance company. If this insurer chooses not to provide you with a fair settlement offer, your lawyer has no issue with taking your case to trial. At this point, your attorney can argue your case to a judge or jury.
The Texas Law Dog does more than just bark; we bite. We offer an eBook guide and other resources to those injured in distracted driving accidents. If you want to file a claim or lawsuit against a distracted driver who caused your accident, we can help. Contact us today.
How to File a Distracted Driving Claim in Arlington
If you are debating whether to submit a distracted driving accident claim, think about what will happen if you decide not to seek compensation from the responsible party. With this, you may take responsibility for your accident losses. This means you will have to cover the costs of your accident out of pocket.
Alternatively, if you work with an Arlington distracted driving lawyer, you could receive compensation via an insurance claim. Based on Texas Civil Practice and Remedies Code Section 16.003, you have two years from the day of an auto accident to request compensation from an at-fault party. This gives you up to two years to submit your claim to an insurance carrier.
If a liable party’s insurance company offers you sufficient compensation for your auto accident losses, you can accept their proposal and close your case. On the other hand, if this insurer contests your claim or proposes a lowball settlement, your lawyer may fight to get you money through a personal injury lawsuit.
Arlington Distracted Driver Car Accident Lawyer Near Me (817) 775-5364
What a Distracted Driving Accident Lawsuit Entails
For those who are uncertain about whether it is too late to get a lawyer for a car accident involving a distracted driver, err on the side of caution. Have a personal injury attorney with distracted driving accident case experience evaluate your case. If warranted, your lawyer can represent and advocate for you in court.
Your lawyer can submit the documentation for your lawsuit and continue to negotiate with a liable party until your case goes to trial. If no settlement is reached, your attorney can present your case to a judge or jury.
In your trial, your attorney can share accident scene photos, witness statements, and other evidence. They want to make it clear to a judge or jury that a motorist was operating their vehicle while distracted. If your lawyer’s argument is successful, the court may be inclined to award damages.
Compensation Available to You in a Distracted Driving Collision Case
One of the things your car accident lawyer does is position you to secure economic and non-economic damages from the motorist responsible for your distracted driving collision. Your attorney can calculate your damages. They may argue to the court that you deserve damages for myriad reasons, such as:
- Car repair expenses
- Medical costs
- Pain and suffering
- Loss of income
It is not a given that you will obtain these or other damages. Your lawyer can craft an argument centered around negligence. By doing so, they may compel a judge or jury to rule in your favor, allowing you to secure damages that serve you well for the foreseeable future.
How Negligence Can Determine the Outcome of Your Distracted Driving Accident Case
You may say that a motorist was driving while distracted and caused your accident and injuries. Even if you do, the court may still rule against you. It is your responsibility to prove negligence in your distracted driving crash case. Your lawyer can help you show that a motorist was negligent by explaining to the court how these elements of negligence were present at the time of your accident:
- Duty of Care: A motorist has a legal obligation not to do things that could cause them to get distracted.
- Breach of Duty of Care: This driver violates their duty of care by eating or texting while driving or committing other careless or reckless acts.
- Causation: Since the driver breached their duty of care, they became distracted, leading to your accident.
- Damages: You have incurred losses due to the driver’s actions.
According to Texas Civil Practice and Remedies Code Section 33.001, you can share the blame for a car accident with a distracted driver. If this occurs, you may get partial damages or none at all. For those who are 1-50% liable for their auto accident, they may have their damages reduced by their degree of fault. If you are over 50% liable, you may not receive damages.
Partner with a Lawyer Who Is Unafraid to Stand Up to Distracted Drivers
The Texas Law Dog proudly supports the victims of distracted driving accidents. If you are ready to take legal action against the motorist at fault for your distracted driving crash, we can help you.
To get started, schedule a free case consultation with an Arlington distracted driving attorney from our team.