Distracted Driver Accident Lawyer in Dallas: Protecting Your Rights and Securing Compensation
Distracted driver accidents are a serious problem in Dallas and throughout Texas. These crashes often lead to severe injuries, expensive medical bills, and lost income. If you have been injured in a distracted driver accident, you have the right to recover damages and get the help you need.
A Dallas car accident attorney can protect your rights and fight for the compensation you deserve.
What is Distracted Driving?
Distracted driving accidents happen when drivers take their attention away from the road. In Dallas, Texas, these incidents can lead to serious injuries and property damage.
Definition of Distracted Driving
Distracted driving is any activity that takes a driver’s focus off driving. This can include using a cell phone, adjusting the radio, talking to passengers, or eating while driving. Distractions reduce a driver’s ability to react to sudden changes on the road.
Types of Distractions
Distractions can be visual, manual, or cognitive. Visual distractions make drivers take their eyes off the road. Manual distractions involve taking hands off the wheel. Cognitive distractions happen when drivers think about something other than driving. Using a cell phone while driving is a common example of a distraction that can involve all three types.
Texas Law on Distracted Driving
In Texas, it is illegal to text while driving under Texas Transportation Code section 545.4251. This law helps reduce the risk of distracted driver accidents and keeps everyone safer on Texas roads.
Common Causes of Distracted Driving
The most common cause of distracted driving accidents is using a cell phone. Other common causes include adjusting in-vehicle systems, eating, or looking at roadside distractions. Each of these distractions can cause a serious accident and injuries.
Consequences of Distracted Driving
Distracted driving can cause accidents that lead to serious injuries or even death. Victims may face high medical bills, lost income, and long-term health problems. It is important for drivers to avoid distractions to keep Dallas roads safe.
How Distracted Driving Leads to Serious Accidents
Distracted driving is a leading cause of serious accidents in Dallas and across Texas.
Decreased Reaction Time
When drivers are distracted, their reaction time slows down. Even a few seconds of inattention can cause a driver to miss a hazard or another vehicle. Slower reactions often lead to rear-end crashes, side-impact collisions, and other types of motor vehicle accidents.
Loss of Vehicle Control
Distractions like using a cell phone or eating while driving can cause drivers to lose control of their vehicle. Drivers may drift out of their lane or swerve into oncoming traffic. These mistakes can lead to head-on collisions and severe injuries.
Failure to Follow Traffic Rules
Distracted drivers may ignore traffic signals, stop signs, or speed limits. This can cause accidents at busy intersections or along highways. Ignoring traffic rules can also make it harder for other drivers to avoid a collision.
Increased Risk of Multi-Vehicle Crashes
When a driver is distracted, they may not notice traffic slowing or stopping ahead. This can lead to multi-vehicle collisions, which often cause more injuries and damage than a single-car crash.
The Role of Distractions in Dallas Crashes
Dallas has a high number of distracted driver accidents. Cell phone use, adjusting controls, and talking to passengers are all common distractions on local roads. These distractions often cause serious injuries and expensive medical bills for victims.
Injuries and Damages from a Distracted Driver Accident
A distracted driver accident can lead to serious injuries and financial losses for victims in Dallas.
Common Injuries
Distracted driver accidents often cause serious injuries. Victims may suffer from whiplash, spinal cord injuries, traumatic brain injuries, broken bones, or cuts and bruises. Some injuries can lead to long-term health problems and require ongoing medical care.
Medical Expenses
Medical bills after a distracted driving accident can add up quickly. Victims often face costs for emergency care, hospital stays, surgeries, physical therapy, and prescription medications. These costs can be overwhelming for victims and their families.
Lost Wages and Earning Capacity
Injuries from a distracted driver accident can prevent victims from working. Victims may miss work during recovery or lose their ability to earn the same income. This loss of income can add to the financial strain caused by the accident.
Pain and Suffering
In addition to physical injuries and financial losses, victims often experience pain and emotional distress. The pain and suffering from a serious injury can affect a victim’s daily life and quality of life.
Property Damage
A distracted driver accident can also damage a victim’s vehicle and personal property. Repairing or replacing a damaged vehicle can be expensive. These costs add to the financial challenges victims face after an accident.
The Importance of Legal Help
Victims of distracted driver accidents can seek help from a car accident attorney to recover compensation for their injuries and losses. Legal representation can make sure victims get the help they need to pay medical bills and cover other damages.
Texas Law and Liability for Distracted Driving Accidents
Distracted driving accidents in Texas are governed by state laws that assign fault and allow victims to recover compensation.
Texas Transportation Code
Under Texas Transportation Code section 545.4251, texting while driving is illegal. This law helps reduce the risk of crashes caused by drivers who use their cell phones while behind the wheel. Drivers who break this law can be fined and may face legal responsibility for any accident they cause.
Comparative Negligence in Texas
Texas follows a modified comparative negligence system, as explained in Texas Civil Practice and Remedies Code section 33.001. If a driver is found to be more than 50 percent at fault for the accident, they cannot recover damages. If they are 50 percent or less at fault, their recovery will be reduced by their percentage of fault.
Proving Liability
To recover compensation for injuries and losses, victims must show that the other driver was negligent. This often involves proving that the driver was distracted and not paying attention to the road. Evidence like witness statements, cell phone records, and accident reports can help show who was responsible.
Legal Help for Victims
A car accident attorney can help victims understand their rights under Texas law. Legal representation can help gather evidence and build a strong case for compensation. This support is important for victims who need help recovering damages after a distracted driving accident.
What to Do After a Distracted Driver Accident in Dallas
Taking the right steps after a distracted driver accident can protect your health and help you recover damages.
Seek Medical Attention
Get medical care as soon as possible, even if you do not feel hurt right away. Some injuries from a car accident may not show symptoms until hours or days later. A doctor’s report can also help show how the accident caused your injuries.
Report the Accident
Call the police to report the accident. The police report can provide important details about what happened and who was at fault. This report can be used later if you file an insurance claim or take legal action.
Gather Evidence
If you can do so safely, take pictures of the vehicles, the crash site, and any injuries. Collect contact information for other drivers and any witnesses. These details can help prove how the accident happened.
Avoid Speaking to Insurance Companies Alone
Insurance companies may try to settle your claim quickly or pay less than you need. Do not agree to a settlement without talking to a car accident attorney. An attorney can make sure the insurance company does not take advantage of you.
Contact a Car Accident Attorney
A car accident attorney can explain your legal rights and help you file a claim. Legal representation can handle the paperwork and talk to insurance companies for you. This support can help you focus on recovering from your injuries.
Potential Compensation You Can Recover
A distracted driver accident in Dallas can leave you with medical bills, lost income, and other serious losses. Victims have the right to seek compensation for these damages.
Economic Damages
Economic damages include medical bills, hospital stays, and the cost of physical therapy or ongoing medical care. They also cover lost wages if you cannot work because of your injuries. If your vehicle was damaged in the accident, you can seek money for repairs or the cost of replacing it.
Non-Economic Damages
Non-economic damages compensate you for pain and suffering, mental distress, and loss of enjoyment of life. These damages help make up for the impact the accident has on your daily life and emotional health.
Punitive Damages
In some cases, you may be able to recover punitive damages. These damages are meant to punish the distracted driver for dangerous or reckless behavior. Punitive damages can apply if the driver was texting or using a cell phone at the time of the accident.
Getting Full Compensation
A car accident lawyer can help you calculate the full amount of your damages and file a claim. Legal help is important to make sure you get the compensation you need to recover from a distracted driver accident.
Frequently Asked Questions About Distracted Driver Accidents in Dallas
What should I do if I was involved in a distracted driver accident in Dallas?
If you were involved in a distracted driver accident in Dallas, seek medical care immediately, report the accident to the police, gather evidence like photos and witness statements, and contact a Dallas car accident lawyer for help with your claim. Taking these steps can protect your health and your right to compensation.
How do I prove the other driver was distracted in a car accident?
To prove the other driver was distracted, you can use evidence like witness statements, cell phone records, and police reports. A car accident attorney can gather this evidence and build a strong case to show the driver was not paying attention when the accident happened.
Can I recover damages for medical bills after a distracted driver accident in Texas?
Yes, you can recover damages for medical bills after a distracted driver accident in Texas. You can also seek compensation for lost wages, pain and suffering, and property damage. A Texas car accident attorney can help you calculate your losses and file a claim.
How long do I have to file a distracted driver accident claim in Texas?
In Texas, you have two years from the date of the accident to file a distracted driver accident claim. This deadline is set by Texas Civil Practice and Remedies Code section 16.003. If you miss this deadline, you may lose your right to recover damages.
Will my insurance cover damages from a distracted driver accident?
Your insurance may cover some damages from a distracted driver accident, depending on your policy and the other driver’s insurance. A car accident lawyer can review your policy and help you seek full compensation from the responsible driver and their insurance company.
Contact Texas Lawyers 365 for a Free Consultation Today!
If you have been injured in a distracted driver accident in Dallas, the team at Texas Lawyers 365 is here to help. Our experienced car accident attorneys understand the challenges you face and are committed to fighting for the compensation you deserve. We offer free consultations and work on a contingency fee basis, meaning you don’t pay unless we win your case.
Contact us today at 800-800-8000 to discuss your case and learn how we can assist you in your recovery!
