When an auto accident occurs because one of the drivers involved was not fully focused on the road ahead, it is called a distracted driving accident. Unfortunately, distracted driving crashes are on the rise, linked to the increasing use of smart mobile devices for texting, talking, and navigation. If you were a victim of such a motor vehicle accident, you should hire a Dallas distracted driving accident lawyer from Glenn Law Firm to fight for your justice.
We are committed to holding the at-fault driver responsible and negotiating compensation for your losses. If negotiations with insurance companies fail, we are prepared to take legal action on your behalf and settle the matter in court.
What Are the Causes of Distracted Driving Accidents?
In 2019, over 97,000 car crashes were caused by distracted drivers. 378 people died in these accidents and 2,500 suffered serious injuries. Speaking of the term itself, the National Highway Traffic Safety Administration (NHTSA) defines distracted driving as “any activity that diverts attention from driving”. Among the most common types of distractions causing accidents, NTHSA cites as examples:
- Texting or talking on the phone
- Eating and drinking while driving
- Talking with passengers in the car
- Grooming (applying makeup, combing the hair)
- Fiddling with music or navigation systems.
However, in the experience of personal injury lawyers, texting while driving is the most frequent cause of motor vehicle crashes. And state authorities recognized the need to regulate this issue. Thus, starting with September 1, 2017, drivers are prohibited from reading, writing, or sending electronic messages on a handheld device while operating a motor vehicle.
What If the Other Party Tries to Blame You for the Accident?
In the experience of driving accident lawyers, the other party will try to shift part of the blame on you. Their insurance company will try to persuade you to accept whatever settlement they want to offer you, stating that you will be found partly at fault if you take your case to court.
Even if it is so, an experienced Dallas distracted driving accident lawyer from Glenn Law Firm can still win a fair settlement for you.. The Civil Practice and Remedies Code of the state of Texas stipulates the proportionate responsibility principle. According to Sec.33.001 of the Code, “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”.
Your lawyer will argue in the personal injury claim that the distracted driver has a percentage of fault exceeding 50%, going as far as 100%, depending on the circumstances of the unfortunate event.
Steps You Should Take after a Distracted Driving Crash
The first thing you must think of is your own health. Nothing else takes precedence when you are injured in a motor vehicle accident. After you call 9-1-1, or somebody else does it, remain in your car and do not attempt to get out, until the ambulance arrives.
Follow Medical Advice
The emergency response team will perform first aid and, most probably, send you to the hospital for further tests and overnight monitoring. Do not refuse medical care, as it may hurt your future claim (the other party will try to minimize the extent of your injury).
Try to Document the Accident
If you have the opportunity, try taking photos of your car and of the other car. Ask any eyewitnesses whether they saw the other driver use their cell phone and try to get their contact detail. Last but not least, take the other driver's details:
- License plate number
- Insurance details.
Hire a Lawyer to Handle Your Driving Accident Claim
The first days after a car accident are painful and confusing. You are in hospital and your family is worried about you. This is why auto accident insurance agencies try to settle these cases quickly. They take advantage of your vulnerable state in this difficult time and show no compassion and understanding for your pain and fear.
Therefore, you should have an experienced personal injury attorney at your side from the first moments after the crash. We will take care of all the paperwork on your behalf and start the negotiations for what you truly deserve as compensation.
Types of Compensation the Lawyer Will Pursue on Your Behalf
One of the issues of attempting to conduct settlement negotiations on your own is that you do not know how much you should ask for fair compensation. You don't know how long you will have to spend in hospital, or what kind of lifelong problems you will have to deal with.
The most frequent types of injuries after a distracted driving crash range from the severe to the most traumatic, including:
- Soft tissue damage
- Fractured bones
- Spine injuries
- Brain damage
- Wrongful death.
Thus, a Dallas distracted driving accident lawyer will negotiate to obtain compensation for:
- All current and future hospital bills
- Lost wages and loss of ability to work
- Property damage (the cost to repair or replace your crashed vehicle)
- Nursing care if you suffer permanent impairment or disabilities.
At the same time, the attorney will seek damages on your behalf for noneconomic damages. These represent:
- Pain and suffering
- Psychological distress
- Mental harm
- Loss of enjoyment of life.
Moreover, if your lawyer finds out that the actions of the driver at fault were the result of malicious intent, gross negligence, or fraudulent intent, you are also eligible to receive punitive damages.
How the Personal Injury Lawyer Will Handle Your Case
The legal team at Glenn Law Firm will endeavor to ascertain the true circumstances of the accident before filing the claim for compensation. Our work will include:
- Obtaining a copy of the police accident report
- Identifying pedestrians and other motorists who witnessed the accident to obtain their statements, photographs, and video recordings they may have taken at the scene of the distraction-related crash
- Obtaining phone records from the texting driver's carrier to prove that they were using wireless communication devices while driving
- If necessary, conducting our own investigation with the help of accident reconstructionists and other experts to establish comparative fault.
Once we have powerful evidence, we are stating our claim on your behalf for the devastating accident you suffered. If an amicable settlement cannot be reached, all the crucial evidence we collected will be presented in court during the trial before the judge and jury.
Hire a Professional Law Firm to Represent You!
Glenn Law Firm is founded by David Glenn, one of the most experienced accident attorneys, with over 35 years of experience. He is a member of the Texas Trial Lawyers Associations and Certified in Personal Injury Trial Law by the Texas Board of Legal Specializations since 1988.
Our motto is “we fight to win” and this is exactly what we do in every case we take on. We know how devastating roadway accidents can be for you, your spouse and children and we treat each client with compassion. You will receive clear explanations at every step of the settlement process or, if necessary, the distracted driving lawsuit.