Distracted driving can be dangerous. Regardless, distracted drivers take the road in Austin and other Texas communities every day. If a distracted motorist slams their car into yours, hold them accountable for their actions. Start by hiring a distracted driving accident lawyer in Austin who can help you file an insurance claim or a personal injury lawsuit.
As you search for a car accident lawyer in Austin, consider The Texas Law Dog. Our team has years of experience. We are ready to stand up for you against a distracted driver or their insurance company. To find out more, schedule a free case review.
Why Now is the Time to File a Distracted Driving Accident Claim in Austin, Texas
Getting into an accident with a driver who may have been distracted can be incredibly frustrating. You may want to forget about the incident. However, if you don’t file a claim, you could miss out on your opportunity to get compensation for your accident losses from the at-fault motorist’s insurer.
Your distracted driving accident attorney in Austin may advise you not to wait to file an insurance claim. Once you inform your auto insurance company about your accident, an investigation may get underway. This could prove to be the first step for you to recover compensatory damages for your accident losses.
Trust a personal injury lawyer in Austin from The Texas Law Dog to serve as your legal representative and advocate. We know how challenging it can be to get compensation from the insurance company of a distracted driver. Our team can help you overcome any challenges that you face during the claims process. To learn more, request a free case review.
Problems That You Could Encounter as You Go Through the Insurance Claims Process
In terms of how insurance companies decide how much to pay out, the insurer of the party that may be liable for your auto accident may use various tactics to lowball your claim. If the insurer succeeds, you may receive only a fraction of the compensation needed to cover your losses.
Have an Austin distracted driving accident lawyer help you if an insurance company disputes, delays, or denies your claim. Your attorney may negotiate an insurance settlement for you. On the other hand, if no settlement is reached, your lawyer may encourage you to sue a distracted driver for compensatory damages.
Per Texas Civil Practice and Remedies Code § 16.003, there is generally a two-year statute of limitations for personal injury lawsuits. Based on this, if you are injured in an accident and a distracted motorist may be responsible, you may have up to two years from the day of the incident to sue.
Austin Distracted Driver Car Accident Lawyer Near Me (817) 775-5364
Types of Compensation Available to You in a Distracted Driving Car Accident Case
Compensatory damages vary based on your tangible and intangible losses from your auto accident. Personal injury lawyers may account for economic and non-economic damages as they estimate your case’s value. They may help you recover any of these types of damages:
- Car repair costs
- Medical expenses
- Loss of income
- Diminished earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Funeral and burial expenses if you lose a family member in a fatal accident involving a distracted driver
Your lawyer wants you to track your accident-related expenses for the duration of your case. As you do, your lawyer may work diligently to develop an argument that helps make it clear to a judge or jury that you should recover damages.
What to Expect if You Sue a Distracted Motorist
Your car accident attorney remains accessible to you at each stage of your lawsuit. They can share FAQs and other resources with you regarding what a lawsuit entails. If you have legal concerns or questions at any point during your litigation, your lawyer can address them promptly.
Ultimately, how long your car accident lawsuit may take will depend on your case’s complexity. Your lawyer doesn’t want you to rush through your case. Rather, they may map out your legal strategy. As part of your attorney’s efforts, they may put together an argument designed to prove to a judge or jury that you should be awarded damages.
Leading up to your trial, your lawyer may negotiate a settlement with a liable party. They can give you insights into whether you should accept the first settlement offer or any preceding ones. If your case goes to trial, your lawyer can argue that the defendant was negligent and should be required to compensate you for your losses.
What to Do to Prove Negligence in a Distracted Driving Accident Case
Just because your lawyer argues to a judge or jury that the defendant was driving while distracted doesn’t mean that the court will rule in your favor. Your attorney may focus their argument on negligence, since doing so may allow them to show the court why your damages request is valid.
To illustrate negligence, your lawyer may use statements from witnesses who saw your accident, police reports, traffic camera footage of the incident, a driver’s cell phone records, and other proof in their argument. Doing so may help your attorney highlight to a judge or jury that a distracted driver breached their duty of care to you and caused your accident.
According to Texas Civil Practice and Remedies Code § 33.001, modified comparative negligence may impact your case outcome. With this, if you get into an accident with a distracted motorist and are found to be 1-50% liable, the court can reduce your damages proportionately. If you are deemed to be 51% or more at fault, you may not recover damages.
We Don’t Just Bark, We Bite
Partner with an Austin distracted driving accident attorney from The Texas Law Dog. Our lawyers can walk you through the process of filing an auto accident claim or lawsuit.
Plus, we can position you to recover compensation that serves you well now and in the future. We are available 24/7 to assist you whenever you need support. Contact us today.
