Were You Hurt in a Texting While Driving Accident in Texas? Our Houston Distracted Driving Accident Lawyers Can Help
Regardless of the cause, distracted driving is incredibly dangerous.
The Centers for Disease Control and Prevention (CDC) estimates that more than 350,000 Americans are injured in distracted driving crashes every year.
If you or your loved one was involved in an accident with a distracted driver, you need professional legal representation.
At the Milano Legal Group Accident Attorneys, our Houston distracted driving accident lawyer is a committed advocate for injured victims. We work tirelessly to protect our clients’ rights and to make the personal injury claims process as easy and as painless as it can be.
If you were hurt in a wreck with a distracted or texting driver, our Houston personal injury lawyers are available to help. For a free, no obligation initial consultation, please contact our Houston, TX law office today.
The Dangers of Distracted Driving
The dangers of distracted driving cannot be overstated. Far too many drivers in Texas allow their attention to lapse. Even distractions that last for a few seconds can cause a devastating crash. At just 30 miles per hour, a motor vehicle travels 44 feet every second. When drivers take their eyes or their focus off of the road, they are creating serious risks for pedestrians, bicyclists, other drivers, passengers, and for themselves.
Although distracted driving comes in a wide variety of different forms, texting and driving has become one of the biggest public health hazards in our community. Texting while driving accident(s) are a common occurrence in Houston.
Alarmingly, a study from Texas A&M University, texting temporarily “dulls” human senses — as a result, texting and driving is especially dangerous. Under simulated conditions in the lab, researchers found that driving errors “skyrocketed” when participants read or sent even a single text message when behind the wheel.
Distracted Driving in Negligent Driving
If you were injured in a crash with a distracted driver, you deserve full and fair compensation for your damages. Under Texas law (Tex. Civ. Prac. & Rem. Code Ann. § 33.001), negligent drivers can be held legally liable for crashes.
Negligence is the failure to take due care. Distracted driving is a common type of negligent driving. Whether it is texting, talking on a cell phone, reading, fumbling with the radio, eating, conversing with a passenger, or simply drifting off and losing focus, distracted drivers must be held accountable.
Notably, Texas operates under fault-based, proportionate responsibility rules. Each party will be held legally liable for their share of the blame for an accident. As an example, if two different drivers were each at fault for 50 percent of a collision, each driver would be liable for 50 percent of the resulting damages.
Of course, in some cases, one defendant will bear the entire liability for the crash. In other cases, the responsibility may be split in multiple different directions.
Proving Distracted Driving — Investigating an Accident
One of the biggest challenges of pursuing financial compensation after a car accident is proving liability. Unfortunately, many distracted drivers will not immediately admit to wrongdoing. In fact, in some cases, distracted motorists may even make false statements to insurance adjusters or to law enforcement officers.
For this and other reasons, all suspected distracted driving accidents must be investigated immediately. You need a diligent Houston car accident lawyer on your side. Your lawyer will be able to gather and assemble the evidence needed to prove liability. Relevant evidence in a distracted driving accident claim may include:
- Admissions made by another party;
- Videos or photographs;
- The police report;
- Eyewitness testimony; and
- Official third-party records, including text message records and cell phone records.
The sooner an investigation commences, the more likely it is that every piece of relevant evidence will be discovered and retained. The best thing you can do to protect your rights is to contact a lawyer immediately after a collision.
Texas Statute of Limitations for Distracted Driving Accidents
Under Texas law (Tex. Civ. Prac. & Rem. Code § 16.003(a)), distracted driving accident injury claims are governed by a two-year statute of limitations. There are very few exceptions to this rule. If you or your family member was hurt in a texting and driving accident, you should reach out to a car crash attorney as soon as possible after a wreck.
Compensation Available Through a Personal Injury Claim
After establishing liability, distracted driving plaintiffs must all prove the value of their damages. Sadly, the big insurance companies fight hard to limit personal injury settlements and personal injury verdicts.
At the Milano Legal Group Accident Attorneys, our top-rated Houston texting and driving car accident attorney is an aggressive advocate for injured victims. Our law firm helps victims maximize their compensation. Through a personal injury claim, distracted driving accident victims may be entitled to recover money damages for:
- Emergency room treatment;
- Medical bills and health care expenses;
- Physical therapy;
- Psychological counseling;
- Lost current and future wages;
- Pain and suffering;
- Mental anguish;
- Reduced quality of life; and
- Wrongful death damages.
If you or your loved one was injured in an accident caused by texting or any other type of distracted driving crash, it is essential that you consult with an experienced Texas car accident lawyer right away.
An experienced lawyer will be able to review your case, explain your options to you, and help you prepare documents, records, and other evidence needed to obtain a full and fair settlement offer.
Contact Our Houston, TX Distracted Driving Accident Attorney Today
At the Milano Legal Group Accident Attorneys, our Houston auto accident lawyer has a proven record of successful experience handling distracted driving crash claims. If you or your loved one was hurt in a wreck with a distracted driver, we are available to help.
To schedule a free review of your claim, please contact us right away. With an office location in Houston, we handle distracted driving accident cases in Southeast Texas, including in Harris County, Brazoria County, and Galveston County.