Distracted Driving Accident Lawyer
Many car accidents are the result of distraction. A driver diverts their attention from the road–even for a split second–and they end up colliding with another vehicle or person. The distraction itself can be anything from looking at their smartphone to talking with a passenger in the back of their vehicle.
While there may be no malicious intent, distracted driving is still reckless driving. And if a distracted driver causes an accident, they can be held legally responsible for any damages suffered by the victims. If you have been involved in such a collision and need legal advice from a skilled lawyer, attorney Keith B. French is here to help.
Distracted Drivers Can Be Held Civilly Liable Even If They Never Received a Traffic Ticket
Distracted driving is basically a catch-all term for any activity that takes a driver’s attention away from operating their motor vehicle. Some distractions are considered traffic violations, notably texting on a smartphone while driving. But many other distractions are not barred by law yet can still lead to an accident and incur civil liability for the distracted driver.
Some other common distracted driving behaviors include:
- eating or drinking;
- shaving or putting on makeup;
- reading;
- programming a radio, entertainment system, or navigation system;
- watching a video; or
- talking to passengers in the car.
Again, a distracted driving behavior does not have to be illegal in the sense of incurring a traffic ticket for it to be cited as proof of a driver’s negligence in a personal injury lawsuit. If an accident victim can show that distraction caused a defendant to take their eyes off the road just before the collision occurred, that can go a long way to proving negligence. Indeed, in many personal injury lawsuits it is possible to obtain a defendant’s cell phone records to show they were using their device at a critical moment.
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As with any personal injury case, a lawsuit based on distracted driving can recover significant monetary damages on behalf of the injured parties. A successful plaintiff is entitled to seek compensation for the following:
- past and future medical expenses;
- lost wages and reduction in future earning capacity;
- vehicle repair or replacement costs;
- pain and suffering; and
- other out-of-pocket costs arising from the accident.
Texas is a fault-based state, which means the distracted driver’s insurance company will often be on the hook for these damages first. Insurers often try and low-ball initial settlement offers, hoping accident victims will accept before even speaking with an attorney. This is always a mistake. You should never feel pressured to sign a settlement agreement or release of future legal claims without consulting a qualified Pearland distracted driving accident lawyer.
You should also take care not to wait too long to speak with an attorney. Texas has a two-year statute of limitations in personal injury cases. So if you have been injured in an accident and need to speak with someone as soon as possible, contact the offices of Keith B. French Law, PLLC, to schedule a free consultation.
Pearland Distracted Driving Accident Lawyer FAQs
Why Do You Need a Lawyer After a Distracted Driving Accident?
If you or a loved one have been in an accident because of someone else’s negligence, it may be in your best interest to discuss your situation with a qualified distracted driving accident lawyer in your area. A qualified lawyer can help you handle the complex job of untangling the details of the accident. Having a lawyer on your team ensures that you know your case is being handled, while you do what you need to do with your recovery. The attorneys at Keith B. French Law, PLLC can also give you expert advice on any questions you may have about your case as it goes on.
Why is Distracted Driving So Dangerous?
Distracted driving is so dangerous because it takes you away from the act of driving long enough that you risk a serious accident. It only takes five seconds for your car to travel the length of a football field at 55 miles per hour. In those seconds you could easily crash into someone else or something else. The AAA Foundation for Traffic Safety found that 59 percent of crashes involving teen drivers involved some kind of distraction that lead up to the crash. No text is worth risking serious injuries. It can wait till you are parked and in a safe spot.
Why Can’t You Text at a Red Light?
In the state of Texas, you don’t have to be moving for you to receive a ticket for texting while driving. Texting while driving at a red light is still dangerous. You may not realize the light has turned green and could be rear-ended if you stay stopped. You could see the car next to you move out of the corner of your eye while texting and think the light turned green and end up rear-ending or heading out into traffic. Countless accidents have started because of simple mistakes like this. Never text while driving, even while stopped at a red light.
Why Should You Avoid Driving Distracted?
Unfortunately, a distracted driving accident lawyer knows that distracted driving is near the top of the list for car accidents in Texas. In 2020, there were 364 deaths and 2,220 seriously injured victims of distracted driving alone. One in every five car accidents is caused by distracted driving. Across the United States, there are at least eight people killed in car crashes that involve a distracted driver every day. Keeping alert and staying on top of your driving helps prevent you from entering these statistics.
Why Can’t You Use Hand’s Free Devices?
Having your hands free sounds like it would be safer but the truth is, it is just like any other distraction. Talking on the phone despite keeping your eyes on the road is still dangerous. It is taking your mind off driving and despite people wanting to believe they can multitask, the brain just simply can’t. Your cognitive function is somewhere else as you focus on the conversation that is happening rather than everything on the road. Sure you might be okay, but it can still be dangerous. If you have any more questions don’t hesitate to reach out to a distracted driving accident lawyer at Keith B. French Law, PLLC.
