Dallas Distracted Driving Accident Attorneys
Seeking Justice for Wrongfully Injured Motorists in DFW
Distracted driving can lead to devastating accidents on Texas roads. With thousands of fatalities and hundreds of thousands of injuries caused by distracted driving every year in the U.S., knowing your rights after a wrongful injury is essential to protect your health, safety, and financial well-being. If you were harmed by a distracted driver in Dallas, you deserve compensation for medical expenses, lost wages, and other losses.
At J. Alexander Law Firm, our distracted driving accident lawyers are dedicated to holding negligent motorists accountable in the Dallas-Fort Worth Metroplex. We understand the immense hardships that come with a wrongful injury, which is why our firm provides high-quality representation to alleviate stress and help you take back your life after an unanticipated accident. Our attorneys have years of experience to pursue maximum compensation, freeing you to focus on your recovery.
If you were injured by a distracted driver in Dallas, call (214) 206-3264 to schedule a complimentary case evaluation.
What Constitutes Distracted Driving?
Distracted driving refers to any activity that takes a driver’s attention away from the road. Common examples include texting, talking on the phone, eating or drinking, adjusting music or navigation systems, grooming, and even daydreaming. If you were harmed by a distracted driver, you may be eligible for compensation under Texas law.
Types of Distracted Driving Accidents
While it’s impossible to eliminate every single distraction while driving, motorists are obligated to pay attention to the road. When distracted driving results in a car accident, victims may be eligible to seek compensation in a distracted driving accident claim. Common distracted driving accidents leading to lawsuits include:
- Rear-end accidents: When a driver is too distracted to notice a vehicle slowing or braking ahead of them, this can lead to accidents.
- Head-on collisions: This type of crash occurs when a distracted driver veers into oncoming traffic and injures others.
- T-bone crashes: These accidents occur when drivers fail to see a red light, stop sign, or another vehicle at an intersection, causing them to strike other drivers at a perpendicular angle.
- Side-swipe crashes: This type of accident occurs when a driver drifts into another lane or doesn’t yield the right-of-way, leading to a collision.
Can I Sue a Distracted Driver if I’m Partially At Fault?
While it’s possible to sue a distracted driver even if you are partially at fault, understanding how modified comparative negligence works in Texas is crucial to determine whether you have a valid claim.
Also known as the 51% rule, the modified comparative negligence rule allows plaintiffs to seek compensation as long as they are less than 51% at fault. Plaintiffs who are more than 50% responsible for the accident will be ineligible to recover damages.
In the event that you share less than 51% of the fault, the total amount of damages will be reduced by your share of liability. For example, if you bear 15% of the fault in a lawsuit totaling $100,000, you may only be entitled to $85,000 in compensation (15% less than the original value).
Does Texas Have a Hands-Free Law?
Yes. Under Texas’ Hands-Free Law, drivers are prohibited from using handheld devices to read, write, or send electronic messages while operating a vehicle (Texas Transportation Code § 545.425). This law was passed in 2017 to reduce distractions and improve road safety. Violations of the hands-free law constitute negligence and may be used as evidence to support your claim for damages. If you were injured in an accident involving a driver who violated this law, this can significantly strengthen your case in a lawsuit.
Can I Sue a Distracted Driver if They Used a Hands-Free Device?
Yes, you can. While hands-free devices generally don’t constitute a violation of Texas’ Hands-Free Law, you can still sue the driver if the device contributed to the distracted driving accident. Even if the hands-free device didn't contribute to your injuries, this doesn't necessarily rule out other evidence of distracted driving.
Because the plaintiff bears the burden of proof in personal injury cases, seeking sound counsel is a must to navigate the legal complexities of causation and liability in your claim. Your lawyer can assist with gathering evidence and build a robust case on your behalf, improving your chance of obtaining a fair settlement.
Proving Liability in Distracted Driving Accidents
The standard of proof in a distracted driving accident lawsuit falls on the plaintiff, meaning you must provide sufficient evidence to prove that the other driver’s negligence caused your injuries. It's important to partner with an experienced attorney who can fortify your claim with compelling evidence, such as witness testimonies, medical records, police reports, security camera footage, expert statements, and other evidence.
To establish liability, you and your lawyer must demonstrate these key elements:
- The defendant owed you a duty of care.
- The defendant breached their duty by engaging in distracted driving.
- The breach caused your injuries and damages.
- You suffered actual harm as a result of the accident.
The Impact of Distracted Driving Accidents
Distracted driving accidents can have serious and long-lasting consequences. The impact depends on various factors, including the speed of the vehicle, the nature of the collision, and whether the victims were wearing seat belts. Common injuries from distracted driving accidents include:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries
- Fractures and Broken Bones
- Whiplash and Soft Tissue Injuries
- Internal Injuries and Organ Damage
- Emotional and Psychological Trauma
If you or a loved one has suffered an injury in a distracted driving accident, it’s essential to seek legal help. You may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages.
Why Choose Our DFW Injury Lawyers?
Injured by a distracted driver? When you partner with J. Alexander Law Firm, you’ll benefit from:
- Personalized attention and compassionate representation.
- Honest and transparent communication throughout the legal process.
- Trial-ready litigation strategies if necessary to achieve a just settlement.
- Aggressive negotiation tactics with insurance companies to protect against lowballed settlement offers.
Contact Our Dallas Attorneys for a Free Consultation
With years of experience and a proven track record of results, our attorneys are well-equipped to represent your best interests in and out of the courtroom. We understand the life-altering impacts these accidents can inflict on victims and their loved ones, which is why our firm is dedicated to seeking justice on your behalf. If you were injured by someone else’s negligence, time is of the essence. Our advocates have recovered millions of dollars for the wrongfully injured in the Dallas Fort-Worth Metroplex, making us well-equipped to protect your rights and pursue maximum compensation.
Injured by a distracted driver in Dallas? Our lawyers can aggressively pursue justice. Contact us online to discuss your case.
FAQ: Dallas Distracted Driving Accident Lawyers
1. What should I do after being involved in a distracted driving accident?
- Seek medical attention immediately, even if you don’t feel injured. Some injuries may not be apparent right away.
- Call the police to file a report, and make sure to get a copy of the accident report.
- Document the scene with photos and take note of any potential evidence of distracted driving (such as the other driver texting or using their phone).
- Contact an experienced lawyer who can guide you through the claims process and help protect your rights.
2. How do I prove that the other driver was distracted?
Proving that the other driver was distracted can be challenging, but our lawyers can help. We will gather evidence such as:
- Phone records to show texting or phone calls at the time of the accident.
- Witness statements from people who saw the other driver using their phone or engaging in other distracting behaviors.
- Traffic camera footage or dash cam recordings.
- Accident scene investigation to establish factors that suggest distraction (e.g., erratic driving).
3. Can I still recover compensation if I was partially at fault in the accident?
Texas follows a comparative negligence rule, meaning that if you are partially responsible for the accident, your compensation may be reduced based on your degree of fault. However, if you are less than 51% at fault, you can still recover damages.
4. What kind of compensation can I receive after a distracted driving accident?
You may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Permanent disability or disfigurement
5. How long do I have to file a claim after a distracted driving accident in Texas?
In Texas, the statute of limitations for personal injury claims is two years from the date of the accident. It’s essential to act promptly to protect your legal rights and preserve evidence.
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