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According to the National Safety Council, drivers on their cell phones cause approximately 1.6 million accidents each year. With the use of cell phones at an all-time high, more and more drivers are risking their lives and the lives of others by texting while driving.
Texas does not currently have a statewide texting and driving ban. However, many major cities in the state — not including Dallas — have implemented their own bans to stop the problem. Despite this, many people continue to text behind the wheel. If you were injured in a distracted driving crash, a texting & driving accident lawyer in Dallas at Lovins Trosclair, PLLC can help you recover damages from those responsible for your pain and suffering.
Call us today: 214-484-1930.
Why is texting and driving so dangerous?
Any activity that requires you to take your focus off the road while driving may result in a devastating accident. Some of the most common forms of distracted driving include:
- Using GPS
- Adjusting the radio or climate control
- Using a cell phone (e.g., checking e-mails, talking, texting, checking social media)
- Eating or drinking
While all of these activities are dangerous, texting and driving can be especially risky. When you are texting and driving, you will have to take at least one hand off the wheel and divert your attention from the road to your phone screen. The lack of physical control, loss of eye contact, and mental distraction is a dangerous combination.
Many drivers think they can afford to lose focus for a short period of time, but the truth is that a few seconds’ distraction can have deadly consequences.
In fact, according to the Virginia Tech Transportation Institute, a driver reading a text while traveling at 55 mph equates to driving the length of a football field essentially blindfolded.
Consequences of a Texting and Driving Accident
For those who have been involved in a texting and driving accident, life may never be the same. In many cases, these accidents can cause serious injuries and medical conditions that require a lifetime of treatment. Some of these injuries may include:
- Traumatic brain injury
- Spinal cord injuries
- Back injuries
- Broken bones
- Neck pain
What should I do if I have been injured in a texting and driving accident?
If you were injured in an accident caused by a texting driver, you can file an injury claim against the distracted driver who caused your injuries. Filing a claim requires you to prove negligence on the part of the other driver. Proving negligence requires you to prove four main elements:
To prove negligence, you first need to establish that the other driver owed you a duty. Generally, a motorist owes a duty to other motorists on the road to drive safely and operate their vehicle responsibly.
Breach of Duty
Your case will rest on whether you can prove that the distracted driver breached his/her duty to you. You will establish this by proving that the other driver engaged in a negligent behavior, such as texting while driving.
Police officers at the scene may be able to determine whether cell phone use was a factor in the accident. If officers determine the other driver was texting at the time of collision, they will note it in their report. Our distracted driving attorneys can also subpoena phone records to determine if the driver was texting or using the cell phone at the time of the collision.
Next, you will need to establish that the driver’s negligence was the direct cause of your injuries. If there were multiple vehicles involved in your accident or if the accident aggravated a pre-existing condition, it may be more challenging to prove causation than you might initially think.
Lastly, you will need to establish that you suffered damages in the accident. Presenting evidence of medical bills and lost wages due to the injuries suffered in the car accident, for example, should be sufficient to prove this element.
What evidence do I need to prove my case?
To prove negligence, you will have to present the following evidence:
- Witness testimony
- Police reports
- Statutes, local ordinances
- Expert testimony
- Photos of the scene of the accident
- Medical records
- Cell phone records
Presenting the correct evidence will help you prove that the defendant was negligent and hold him/her liable for the damages you incurred in the crash.
Our team knows what evidence is necessary to prove your case. We will make sure you have it.
What can I recover?
If an investigation finds the driver liable for your injuries, s/he will owe you damages. These damages will cover many expenses including the following:
- Medical expenses: Damages may include past and future surgeries, medical treatments, hospital stays, and rehabilitation.
- Lost wages: When you are recovering from your injuries, you may be unable to work. You can request compensation for the wages you miss.
- Loss of future earning capacity: Many people who suffer injuries in a car accident are unable to do the same work they did before the accident. We will calculate the demand amount based on your age, education, skills, and past employment.
- Pain and suffering: You might be entitled to damages for the physical pain and suffering you endure.
- Mental anguish: You can also recover compensation for emotional trauma.
Why do I need a lawyer?
Filing an injury claim can be difficult. It can be costly, frustrating, and time-consuming. To ensure you are able to focus on recovering, we will handle your case for you. This includes:
- Investigating your case (e.g., enlisting the help of accident reconstructionists and investigators to determine how the accident occurred)
- Gathering all necessary evidence
- Handling all communication with the insurer (In many cases, insurers try to trick vulnerable injured parties into admitting fault, accepting a low settlement, or stating that their injuries are not serious. We will not let that happen.)
- Negotiating with the other party’s insurer
- Getting you medical care and negotiating with your health insurance, Medicare, or Medicaid
We understand what you are going through and want to help you win your case. For more information on filing a claim against the person responsible for your injuries, contact Lovins Trosclair, PLLC today.