Distracted driving affects thousands of people every year and can have extensive repercussions. Drivers who are distracted not only put themselves at risk, they endanger everyone around them. You need to contact a distracted driving lawyer in Irving if you’ve been the victim of this type of accident so they can help you get the relief you need.
The Texas Law Dog is your ally when you’ve suffered because of a distracted driver’s negligence. We work diligently and use our resources to help you win your case and get the justice you deserve. An Irving car accident lawyer will represent you and build a strong case that prioritizes your needs.
Recover Maximum Compensation With the Help of an Irving Distracted Driving Attorney
After a distracted driving accident, you will want to act quickly to pursue damages and get relief from medical and other expenses. You have a legal right to compensation, and an experienced lawyer can provide clarity on what you can recover and how much your case is worth. Losses can vary from case to case, but some of the ones you may be able to recover may include:
- Cost of medical care, rehabilitation, support services, and equipment
- Cost to repair or replace your vehicle and personal belongings.
- Lost wages or earning potential
- End-of-life care
- Funeral and burial expenses
- Pain and suffering
- Emotional distress
- Loss of companionship
Once your lawyer has cataloged all of your losses, they will add up the value of your financial losses and calculate your pain and suffering losses with the appropriate formulas. No two settlements are alike, and they can vary depending on the extent of your specific losses, how severe they are, and if you were partially at fault for the accident. Your lawyer will enhance your case for maximum results.
What Constitutes Distracted Driving in Irving, Texas
According to the National Highway Traffic Safety Administration’s most recent report on distracted driving dangers and statistics, 3,275 people were killed because of distractions. Distracted driving can be any action that takes a driver’s attention away from the road. This can have severe consequences and result in many types of accidents. Examples of distracted driving include:
- Mobile phone use
- Adjusting the radio or vehicle settings
- Drinking or eating
- Conversation with other applicants
- GPS usage
- Rubbernecking and other external stimuli
No driver is immune to distractions, but they should take proactive steps to reduce or eliminate these factors when they are behind the wheel. These types of accidents can be among the causes of traumatic brain injuries and other severe conditions. By keeping your attention on the road, you can remain alert to changes or sudden driving hazards, have more time to react, and prevent collisions.
Irving Distracted Driver Car Accident Lawyer Near Me (817) 775-5364
What to Do After an Accident Involving a Distracted Driver
When you have been hit by a distracted driver, you should take action to protect yourself and your future claim. First and foremost, make sure you and anyone else in the vehicle are safe and call 911. You should receive medical attention as soon as possible to make sure you are okay both externally and internally. Keep all of your medical records to use as evidence of your injuries, treatment history, and medical costs.
Filing a police report should also be a priority after a collision. Provide as much detail as you can about the accident so there is a thorough record. Taking photos of the accident will provide additional evidence to strengthen your case, as well as getting witness statements. You must also exchange contact and insurance information with the other driver before leaving the scene of the accident.
Once you have completed these steps, consult a distracted driving attorney in Irving before moving forward. Insurance companies do not protect your interests like you think they will, and working with a lawyer from the outset can reduce the amount of pushback you will receive. They can help you file your claim correctly, communicate with insurance, and negotiate your settlement.
Liability Must be Established Before a Claim Can be Resolved
To resolve your claim against a distracted driver, you will need to establish them as a liable party. This means connecting the dots from their obligation to safety to their negligent actions to their role in causing the accident. Liable parties are required to pay for the damages they caused, but their liability has to be demonstrated first as a fact.
Your lawyer can help you understand the unique aspects of car accidents as they help you prepare your case. They will identify an effective strategy they can use and tailor their approach to the factors involved in your situation. They will also help make sure you have enough evidence to support your claim. If you are partially at fault, they will also optimize your claim to minimize your liability.
In cases of shared fault, each party’s contribution is evaluated and assigned a percentage of fault. Per Texas Civil Practice and Remedies Code § 33, parties who cause less than 50% of an accident will recover damages reduced by their percentage of fault. For any party who was more than 50% at fault, they will not be allowed to recover compensation even if they have suffered losses.
The Statute of Limitations in Texas Impacts Your Case
Establishing liability can take time in a distracted driving accident case. You must file your claim, collect evidence, build your case, and so on. Because you only have two years to resolve your case according to Texas Civil Practice and Remedies Code § 16.003, any delay in action could hurt your outcome. As such, you should talk with a lawyer right away after your accident.
The Texas Law Dog Fights for Justice
The Texas Law Dog helps you pursue justice when you have been wrongfully harmed by a distracted driver. We help you secure compensation so you do not have to handle the resulting expenses on your own.
We prioritize your well-being and provide compassionate support as we fight for you after a collision. Speak with an Irving distracted driving lawyer today when you schedule a free consultation.
