Distracted driving is one of the leading causes of car accidents in Texas. When drivers take their attention off the road, even for a few seconds, they increase the risk of a serious crash.
If you were injured in a crash caused by a distracted driver in Austin, TX, you may have the right to pursue compensation through a car accident claim. An experienced Austin distracted driving accident lawyer at Dow Law Firm can help you evaluate your legal options and pursue all damages you’re entitled to after the collision. Call us today to schedule a free consultation to learn more.
Why Choose Dow Law Firm to Handle My Distracted Driving Accident?
Dow Law Firm has extensive experience representing car accident victims in Austin, Texas. Clients hire us for their motor vehicle accident claims because:
- We have recovered millions in compensation for injured clients
- We regularly handle complex car accident claims involving distracted driving
- Our attorneys have been recognized by leading legal services like the National Trial Lawyers and Super Lawyers
- Our founding attorney is a board-certified expert in personal injury law
- We handle cases on a contingency fee basis.
Reach out to us today to schedule a free case review with a skilled Austin car accident attorney.
Why An Attorney is Essential After a Distracted Driving Crash
Distracted driving accident claims often require careful investigation into accident reports, driver’s phone records, and witness accounts to determine what occurred before the crash. To make matters more complicated, insurance companies may dispute how the crash occurred or challenge the severity of the victim’s injuries.
An experienced attorney can help protect your rights and strengthen your claim by gathering the evidence needed to prove distracted driving caused your crash.
An attorney may assist with your case by:
- Investigating the accident and reviewing police reports concerning fault
- Obtaining witness statements from people who saw the crash occur
- Reviewing phone records or electronic data when a distraction is suspected
- Collecting photographs, video footage, and other evidence to confirm that distracted driving contributed to the crash
- Evaluating medical records to determine the full extent of your injuries
- Negotiating with insurance companies for a fair settlement
- Filing a lawsuit if insurers refuse to offer reasonable compensation
Your attorney will be your ally in showing that another driver was responsible for your collision and how the crash has impacted your life.
What is Distracted Driving?
Distracted driving occurs when a driver’s attention is diverted away from operating the vehicle.
Safety experts generally recognize three primary types of driver distraction:
- Visual distraction occurs when a driver takes their eyes off the road.
- Manual distraction occurs when a driver removes their hands from the steering wheel.
- Cognitive distraction occurs when a driver’s mind is focused on something other than driving.
Many distractions involve more than one of these categories. For example, texting while driving requires the driver to look at their phone (visual), use their hands to type (manual), and focus their attention on the message instead of the road (cognitive).
Other common examples of distracted driving include:
- Using navigation apps or adjusting GPS directions
- Talking on a phone or using handheld devices
- Adjusting music or vehicle controls
- Eating or drinking behind the wheel
- Talking with passengers
- Reaching for objects inside the vehicle
These distractions are responsible for the majority of car accidents on Texas roads.
Common Injuries Resulting from Distracted Driving
Distracted driving accidents can cause a wide range of injuries. Distracted drivers may fail to brake or take evasive action before impact, which can increase the severity of these crashes.
Victims of distracted driving accidents may suffer injuries such as:
- Brain injuries
- Concussions
- Neck injuries
- Back injuries
- Spinal cord injuries
- Broken bones
- Nerve damage
- Soft tissue injuries
Distracted driving commonly causes serious rear-end and head-on crashes that lead to catastrophic harm to victims.
What Money Can I Recover After a Car Accident in Austin?
If a distracted driver caused your accident, you may have the right to pursue two main types of compensation: economic and non-economic. These claims are intended to help victims recover financial and personal losses caused by the collision.
A full compensation award may include damages for:
- Medical expenses and hospital bills
- Future medical treatment
- Rehabilitation
- Lost wages from time missed at work
- Reduced earning capacity
- Property damage to your vehicle
- Pain and suffering
- Emotional distress
- Reduced quality of life
An experienced car accident lawyer can help you identify and calculate your damages so you know what to demand from the insurance company.
Can I Recover Money If I Share Fault?
Texas follows proportionate responsibility rules, which allow more than one party to share fault for an accident.
Under Texas law, an injured person may still recover compensation as long as they are not more than 50 percent responsible (i.e., mostly at fault) for the accident. However, their compensation award will be reduced based on their percentage of fault.
For example, if a person is found to be 30 percent responsible for an accident and their damages total $100,000, they may still recover $70,000.
Shared fault accusations are not always legitimate. Sometimes, insurers use this rule to limit their own liability, even when their insured is completely at fault. An experienced attorney can help challenge these claims and present evidence showing how the accident actually occurred.
How Long Do I Have to File a Distracted Driving Accident Claim?
Texas law places a deadline on the amount of time accident victims have to file a personal injury lawsuit. In most car accident cases in Texas, victims generally have two years from the date of the accident (or the date of death in wrongful death cases) to file a lawsuit.
If you miss this deadline, you will be barred from recovering compensation in court. You should contact an experienced attorney as soon as possible to ensure you don’t miss the deadlines.
Contact an Austin Distracted Driving Accident Lawyer for Help
A distracted driving accident can turn your life upside down. An experienced Austin distracted driving accident lawyer can help you set things right again through a personal injury claim.
Dow Law Firm is ready to put our skills and experience behind your case. Contact us today to schedule a free consultation to learn more about how we can assist you.