Driving is a privilege, not a right. Every driver has a legal obligation to act in a manner prescribed by law. Failure to do so can result in an accident. Distracted driving is anything that takes an individual’s hands off the wheel, eyes off the road or mind off driving. It is extremely risky behavior that endangers everyone on the road. Distracted driving has become the new drunk driving.
DISTRACTED DRIVING STATISTICS IN TEXAS.
In 2018, there were 540,561 motor vehicle crashes on Texas roadways, according to TxDOT. Of those, 95,572, or 17.6 percent, were caused by distracted driving (driver distraction, inattention or cell phone use). The 95,572 distracted driving crashes resulted in 394 deaths and 2,340 serious injuries.
Distracted driving is a form of negligence. Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”
To prove negligence, the plaintiff (the injured party) must establish the following four main elements:
- The defendant (the accused party) owed the plaintiff a reasonable duty of care. All drivers owe a duty of care towards other drivers, passengers, pedestrians and others on the roadway when they get behind the wheel of a vehicle.
- The Defendant breached his or her duty of care. The breach of care by the defendant is the crux of the personal injury law. It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendant.
- The breach of duty by the Defendant caused the accident. It is not enough to show that the Defendant was negligent, careless or distracted, it has to be established beyond reasonable doubt that his or her act of negligence was the main cause of the car crash.
- The accident caused compensable damages. The plaintiff has to establish that he or she suffered damages due to the breach of duty by the Defendant. Damages may include physical injury, pain and injury, mental anguish, emotional distress, lost wages, loss of quality of life and/or property damage.
TYPES OF DISTRACTIONS.
Anything that diverts a driver’s attention away from the road is a distraction. These distractions can be categorized Into three types:
- VISUAL DISTRACTIONS. Distractions that cause a driver to take his or her eyes off the road. These include,
- Looking at the phone screen.
- Using vanity mirror to check appearance or for the purpose of self grooming.
- Looking behind at unsecured children or pets in the backseat.
- MANUAL DISTRACTIONS. Distractions that involve a driver taking his hands or hand off the steering wheel. These include,
- Texting, talking or calling on the phone.
- Eating, drinking or smoking while driving.
- Adjusting radio or mirrors.
- Using a navigation system.
- Engaging on social media Apps on the phone while driving.
- COGNITIVE DISTRACTIONS. Distractions that take a driver’s mind off the road. These include,
- Daydreaming.
- Listening to loud music.
- Having a conversation with passengers in the car.
WHAT TO DO AFTER BEING INJURED BY A DISTRACTED DRIVER?
If you are injured in an accident with a distracted driver, it is important to remain calm and follow these steps:
- Turn on hazard lights.
- Move yourself and your vehicle to safety.
- Call 911 to report the accident.
- Lend a helping hand to others injured in the accident.
- Exchange contact information with others involved in the accident.
- Gather any sort of evidence, if possible.
- Gather eye witness information.
- Don’t admit fault.
- Seek medical attention.
- Call insurance company and report the accident.
- Enlist the services of a Miami Distracted Driving Accident Lawyer at the earliest.
Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of car accidents due to distracted driving in Houston and all across Texas.
TYPES OF INJURIES SUSTAINED IN CAR COLLISIONS/ CRASHES.
Car accident injuries involving distracted driving vary from person to person, and from crash to crash. Most common injuries are :
- Whiplash
- Broken bones and Fractures.
- Facial damage.
- Spinal injuries/ paralysis.
- Scarring.
- Lacerations.
- Traumatic brain injuries.
- Permanent disability.
- Wrongful death.
STATUTE OF LIMITATION FOR FILING A DISTRACTED DRIVING ACCIDENT LAWSUIT IN TEXAS.
There are specific time limits, restrictions and rules for filing an accident claim. An experienced distracted driving accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Texas statute of Limitations for distracted driving accidents is two years after the accident occurred. In general terms, residents of Texas have two years from the date of the accident to initiate a civil lawsuit.
If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Texas.
It is in the best interests of the plaintiff to enlist the services of an experienced Houston Motor Vehicle Accident lawyer. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought.
COMPENSATION FOR VICTIM OF A DISTRACTED DRIVING ACCIDENT IN HOUSTON.
Our Houston distracted driving accident lawyers seek to get maximum compensation for the victim of an accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
A victim can file a claim with his or her own insurance company or the at-fault driver’s Insurance company, but policy coverage may limit the amount of compensation a victim recovers.
Filing a Personal Injury Lawsuit is the best option to recover damages. Our Houston Distracted Driving Accident lawyers help victims recover:
- Medical Bills.
- Lost Wages.
- Damages suffered due to Pain and Suffering.
- Damages suffered due to Emotional Distress.
- Costs of future corrective surgeries.
WHY HIRE THE LAW OFFICES OD SHANE R. KADLEC?
Car accidents due to distracted driving involve complex and intricate legal concepts. If we represent you, our attorneys will carefully investigate the cause of the accident. Our Texas distracted driving accident attorneys possess the ability and skill to subpoena cell phone records of those involved in the accident to determine whether the driver who caused the accident was talking on the phone or sending texts at the time of the accident.
Our team of personal injury lawyers in Texas are experienced at calculating the full extent of a victim’s expenses and damages. Our team works with the victim’s doctors to estimate future medical needs and their costs. Our lawyers are adept at collecting and protecting evidence. They know how to obtain and review medical records and have access to top auto industry stalwarts and accident reconstruction experts.
Our team of Texas distracted driving accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.
CONTACT A HOUSTON DISTRACTED DRIVING ACCIDENT LAWYER.
If you or your loved one has been a victim of a distracted driving accident in Houston, you deserve to be duly compensated for the injuries suffered and other damages. Call a Board Certified Distracted Driving Accident lawyer at our firm for a free in depth case evaluation right away.
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