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Distracted driving crashes are at epidemic levels, and their frequency continues to rise.
According to the Centers for Disease Control and Prevention, more than eight people die and more than 1,160 suffer injuries in distracted driving crashes nationwide every day.
Some of these injuries are minor and require minimal medical treatment; others lead to devastating, disabling injuries that affect victims for the rest of their lives. You can recover compensation for these injuries. Call a distracted driving accident lawyer in Dallas at Lovins Law to discuss your legal options: 214-484-1930.
What constitutes distracted driving?
Most people think of texting when they think of distracted driving; however, many different actions constitute distracted driving. A distraction can take any of the following forms:
Visual distractions that keep you from watching the road, which can include:
- Texting
- Using apps
- Using navigation systems
- Changing the radio station
- Dealing with children or pets in the car
Manual distractions that prevent you from steering or braking effectively, including:
Texting and other hand-held cellphone use
- Changing the radio station
- Dealing with children or pets in the car
- Eating
Cognitive distractions that keep you from focusing on driving include:
- Texting and talking on the phone
- Dealing with passengers in the car
- Daydreaming
Is distracted driving illegal in Texas?
Texas does not have laws banning distracted driving. The state does have laws against cell phone use but they only apply to school bus drivers, in school zones, and for drivers under 18.
While distracted driving is not technically illegal in Texas, many of the actions distracted drivers take are, e.g., speeding, running stop signs and red lights, etc.
How can I get compensation for my distracted driving accident-related losses?
Texas auto insurance law requires all motorists to carry a minimum amount of liability insurance. This means you have access to compensation when another motorist injures you and your property in a car accident. The minimum required by law is:
- $30,000 for injuries and lost wages
- $60,000 for the medical care and lost wages of all victims
- $25,000 to repair or replace damaged vehicles
To collect compensation for your losses, you will need to file an insurance claim with the other driver’s insurance company. If you can show the other driver caused the accident, the insurer should pay out for your actual losses, including medical bills, lost wages, and property damage, up to the upper limit of the liability policy.
Dealing with insurers in the claims phase and the negotiation phase can be extremely frustrating and nerve-racking, especially for individuals who do not know the tactics insurers use to pay out as little as possible.
Our team knows all the tactics insurers use to pay as little as possible and bully injured victims into accepting low settlements. We never let insurance companies intimidate our clients; we can handle all communication and negotiations with the insurer so you can focus on recovery.
How do I prove fault for a distracted driving accident?
Distracted driving accident claims, like almost all car accident claims, hinge on showing that the other driver behaved negligently and caused your injuries. Proving negligence from distracted driving, either to an insurance company or jury, requires showing evidence that:
- The other driver had a duty to drive free from distractions
- He acted carelessly, allowing something to distract him from the road
- This distraction led to poor driving behaviors, and an accident
- You suffered injuries in this car accident
If the at-fault driver receives a citation for a traffic offense, it can make it easier to prove your case against him. In some cases, this is enough to effectively secure the compensation you need. However, it pays to collect as much evidence as available to strengthen your case. Often, this evidence includes:
- Police reports
- The other driver’s cellphone records
- Videos of the crash
- Pictures from the scene
- Pictures of the damage to your vehicle
- Eyewitness testimony
- Testimony from experts, such as accident reconstructionists
Showing evidence of negligence is only half of the battle, though. You also must prove your economic losses in order to collect fair compensation. This evidence needs to show the severe nature of your injuries, how they impact your life, and how much you have spent due to your injuries. Often, this evidence includes:
- Medical records
- Medical bills
- Bills for ongoing care
- Expert witnesses
- Past pay stubs
- Proof of missed work
- Receipts for other accident-related expenses
What types of damages can I recover?
Damages available through an injury claim or lawsuit can cover a wide range of losses, both economic and noneconomic. Some of the most common economic damages include:
- Medical treatment
- Rehabilitation
- Physical therapy
- Psychological counseling
- Ongoing care costs
- Lost wages
- Repair of your car or other property
- Replacement of a totaled car
- Car rental costs, as necessary while your car undergoes repairs
- Other accident-related costs
- Pain and suffering
- Mental anguish
How can Lovins Law help me after a Dallas distracted driving crash?
Lovins Law provides counsel to Dallas distracted driving accident victims, helping them hold the distracted driver liable for the injuries they suffered.
If you suffered injuries in a Dallas crash, we can get you the compensation you deserve to cover your losses, reduce the financial stress on your family, and recover as quickly as possible from your physical and emotional injuries.
Call our Dallas office today at 214-484-1930 to schedule a free, no-obligation case evaluation.