McKinney Distracted Driving Accidents Lawyer
Attorney for Victims Injured by Distracted Drivers on Cell Phones
There are different types of driver negligence that can lead to dangerous car accidents. Distracted driving is one of the top causes of collisions, and it can involve anything from texting while driving, eating, or playing with the radio to letting one's mind wander and failing to pay attention to the road. These behaviors can have devastating consequences, and victims of distracted driving accidents often face grueling rehabilitation to heal broken bodies, accompanied with expensive medical bills, lost wages, physical impairment, and other damages. Drivers who act irresponsibly (and their insurance companies) should be responsible for all the harms they cause to others, and injury victims may be able to receive financial compensation that addresses all of the ways they have been affected.
If you have been injured in a car accident caused by distracted driving, you may be wondering what your next steps should be. The experienced personal injury attorneys at Burress Injury Law can help you understand your legal options, and we will aggressively advocate on your behalf to recover the compensation you deserve. We will handle all aspects of your case so that you can focus on your recovery, and you owe nothing until we successfully obtain a settlement or verdict for you.
Why Distracted Driving Is So Dangerous
There are numerous distractions that can affect drivers. While the most obvious forms of distracted driving involve the use of electronic devices, such as texting while behind the wheel or making calls while using a handheld cell phone, this is just one type of distracted driving. Other activities that can take a driver's attention away from the road include eating, drinking, grooming, fidgeting with controls in the vehicle, reaching for objects on the floor or in the back seat, talking to passengers, rubbernecking, and daydreaming, among others.
Drivers may be affected by one or more of the following types of distractions:
- Visual distractions - If a driver takes their eyes off the road, even for a few seconds, this can significantly increase the risk of being involved in an accident. For example, a driver may not notice that a car in front of them has slowed down, and they may be unable to stop in time to avoid a rear-end collision.
- Manual distractions - Letting go of the steering wheel, even for a moment, can make it difficult for a driver to regain control of the vehicle if something unexpected happens. If a driver encounters an obstacle in the road, or if another car makes sudden movements, they may be unable to react properly, and they may collide with others.
- Cognitive distractions - When a person is not focused on driving, they may have difficulty paying attention to their surroundings, and they may miss important cues that could help them avoid an accident. For instance, a distracted driver may not see a stop sign or yield sign, and they could become involved in a T-bone accident when proceeding through an intersection, or they may wander out of their lane and into oncoming traffic, causing a head-on collision.
While some distractions may involve one of the issues described above, some behaviors will involve multiple types of distractions, making them especially dangerous. Texting or using electronic devices will usually involve all three types of distractions, since a driver may look away from the road when viewing a device's screen, they may take one or both hands off the wheel to interact with the device, and they will divert their attention away from the road. This can greatly increase the likelihood that a driver will fail to notice important details or be unable to respond to conditions on the road, making them responsible for resulting accidents.
Distracted Driving Accident FAQs
Answer: After a distracted driving accident, it is important to seek medical care right away, even if your injuries do not seem serious. At the site of the accident, call the police to file a report, and gather insurance information and contact details for witnesses if you are able to do so safely. Keep any records related to the wreck, including photos, medical bills, and repair estimates.
Answer: Proving distraction often starts with cell phone records, which can show whether the driver was texting, calling, or using an app at the time of the wreck. Witness statements, traffic camera footage, and the police report can also support a claim of distracted driving. In some cases, an attorney can request the driver's phone records through the discovery process.
Answer: Liability for a distracted driving accident typically falls on the driver whose inattention caused the wreck. In some cases, an employer can share liability if the driver was working at the time of the accident. A thorough investigation can help identify every party who contributed to the collision.
Answer: Texas law prohibits reading, writing, or sending electronic messages while driving, with limited exceptions. Other distractions, like eating or talking to a passenger, may also contribute to a collision.
Answer: Distracted driving accident cases are typically handled by a personal injury attorney with experience in car accident claims. A victim can look for a lawyer who has experience negotiating with insurance companies and taking cases to trial when needed. An attorney familiar with local courts and traffic laws can also be helpful.
Answer: Compensation after a distracted driving accident can include payments for medical expenses, lost wages, and property damage caused by the wreck. Non-economic damages, such as pain and suffering or loss of enjoyment of life, can also be part of your claim.
Answer: The deadline to file a distracted driving accident claim in Texas is generally two years from the date of the wreck. This deadline can arrive faster than expected once medical treatment and insurance negotiations are underway. Speaking with an attorney early can help you avoid missing important deadlines.
Answer: Recovering compensation for an accident while being partly at fault is possible under Texas law. The state follows a modified comparative negligence rule allowing recovery as long as you were 50 percent or less at fault for the wreck. Your compensation will be reduced by your percentage of fault. An attorney can help gather evidence to limit the fault assigned to you.
Answer: Pursuing a case for a distracted driving accident claim without a ticket or an admission from the other driver is still possible in most situations. Phone records, witness statements, and accident reconstruction can help establish that distraction played a role in the wreck. A police citation is not required to prove fault in a personal injury claim.
Answer: Choosing the right distracted driving accident lawyer near McKinney starts with looking at their experience handling similar car accident claims in Texas. Consider their track record, client reviews, and willingness to take a case to trial if a fair settlement is not offered. A free consultation can also help you decide whether an attorney is a good fit for your case.
Answer: A distracted driving accident lawyer can investigate the wreck, gather evidence, and identify all liable parties. They can also handle communications and negotiation with insurance companies on your behalf. If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court.
Answer: The cost of hiring a distracted driving accident lawyer will be minimal, since many personal injury attorneys, including Burress Injury Law, handle these cases on a contingency fee basis. This means you do not pay any upfront fees, and the attorney only gets paid if you recover compensation. A free consultation can help you learn more about the specific costs involved in your case.
Answer: The timeline for a distracted driving accident lawsuit in Texas depends on the complexity of the case, the severity of the injuries, and whether the parties can reach a settlement. Some cases may be resolved within several months, while others can take a year or more, especially if they go to trial. Your attorney can give you a more specific timeline based on the details of your case.
Answer: Injuries commonly caused by distracted driving accidents include whiplash, broken bones, back and neck injuries, and head trauma. More serious wrecks can result in traumatic brain injuries, spinal cord damage, or internal injuries. Even seemingly minor collisions can cause lasting injuries that may go unnoticed unless you receive a comprehensive medical examination.
Answer: Distracted driving can cause a dangerous car accident when a driver takes their eyes off the road even for a few seconds and fails to notice traffic slowing, a light turning red, or a pedestrian crossing the street. This delay in reaction time can lead to rear-end collisions, intersection wrecks, or accidents involving pedestrians and cyclists.
Contact Our Prosper Distracted Driving Accident Attorneys
At Burress Injury Law, our personal injury lawyers will work diligently to help you hold a negligent driver fully responsible for the injuries you have suffered in an accident, and we will fight to make sure you will be able to recover all of the compensation you are entitled to receive. We pride ourselves on leveraging the best proprietary case management software to facilitate optimal communication with our clients. Your initial intake meeting with an attorney and paralegal is a minimum of two hours, during which you will learn best practices for successfully navigating your personal injury case. To schedule a free consultation, call us at 214-726-0016 or contact us online.
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From our offices in McKinney, Frisco, Paris, Sherman, Denison, and Celina, we serve clients throughout Collin County, Lamar County, Grayson County and all of Texas, including Allen, Anna, Bonham, Carrollton, Celina, Commerce, Coppell, Dallas, Denison, Denton, Flower Mound, Frisco, Gainesville, Garland, Grapevine, Greenville, Gunter, Heath, Howe, Leonard, Lewisville, Little Elm, McKinney, Melissa, Murphy, Paris, Pilot Point, Plano, Pottsboro, Princeton, Prosper, Providence Village, Richardson, Rockwall, Rowlett, Sachse, Sherman, The Colony, Van Alstyne, and Whitesboro.
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