Allen Distracted Driving Accident Lawyer
Most drivers in Allen have a cell phone within arm’s reach while behind the wheel. This can make it tempting to check social media, send a quick text message, or catch up on email when traffic slows down or the trip becomes boring. However, any form of distracted driving is incredibly dangerous and can lead to a serious accident. If you or a loved one were hurt in this way, it’s time to talk to an Allen distracted driving accident lawyer.
Our car accident lawyers know how much of a safety concern distracted driving has become in the Dallas area. We are committed to helping victims of distracted driving accidents win the compensation they deserve. Call us today at (214) 305-8277 and we’ll get you started with a FREE, no-risk consultation.
What’s Considered Distracted Driving in Allen
The Centers for Disease Control and Prevention (CDC) defines distracted driving as “driving while doing another activity that takes your attention away from driving.” This can include three different types of distraction:
- Visual distractions that take the driver’s eyes off of the road
- Manual distractions that take the driver’s hands off of the wheel and
- Cognitive distractions that take the driver’s mind off of driving
Distracted driving can be very dangerous, and it can definitely increase the risk of an accident. This is negligent behavior, which is why you should seek legal assistance right away if you were the victim of an accident caused by distracted driving.
After the accident, be very careful to not accept any money or sign anything from the other driver’s insurance company before speaking to a distracted driving lawyer first. The insurance company will be looking to settle the case as soon as possible, which means getting you to accept the lowest settlement possible.
Protect your legal rights and ensure you are pursuing the full compensation possible by getting in touch with an experienced lawyer today. Our car accident lawyers are experienced, friendly, and ready to help—plus, there is no fee unless we win you money. Call (214) 305-8277 today to get a FREE consultation.
The Dangers of Cell Phone Use While Driving in Texas
The most common, and most dangerous, type of distraction while driving is any type of cell phone use. Texting while driving is especially bad because it requires all three forms of distractions listed above—manual, visual, and cognitive. Plus, using a hands-free phone is not necessarily safe than using the phone as a handheld device.
Modern phones have many different apps and functions that can be distracting, including:
- Text messages
- Social media apps like Facebook, Twitter, Instagram, YouTube, and Snapchat
- GPS navigation apps
- Picture and video cameras and
- Dating apps
It’s tempting for drivers to check something on their phone or make a phone call during rush hour or while driving alone. They might begin to feel antsy or bored and want something to do. However, drivers should resist the temptation to use their phones and instead focus on the road to avoid an accident.
Types of Distracted Driving in Allen
Although the most common type of distraction on the roads in Allen is cell phone use, there are many other ways motorists can have their attention diverted. Other examples of distracted driving that can lead to accidents include:
- Eating or drinking while driving
- Using GPS navigation
- Changing the radio or some other controls on the dashboard
- Talking to passengers
- Applying makeup or checking hair and
- Adjusting children’s seats
Distractions put everyone on the road at risk, including the driver, their passengers, other drivers and passengers, bicyclists, motorcyclists, pedestrians, and more.
How Liability Works in an Allen Distracted Driving Accident
In Texas, negligence must be present for you to have a valid personal injury case. Negligence is the failure to exercise the same care that a reasonable person would have under similar situations. Negligence can refer to a party’s action or failure to act in a circumstance that leads to injury.
When a person or party’s negligence leads to an injury accident, they may be liable for some or all of the damages. You can file a third-party insurance claim with the distracted driver’s insurance company to seek damages.
Elements of a Car Accident Case
Four elements must exist for you to have a distracted driving accident case in Allen:
- The defendant (at-fault party) owed a legal duty to you.
- The at-fault party breached its legal duty.
- You suffered an injury as a result of the breached duty.
- You have damages to show how the at-fault party breached its duty and caused your injuries.
A distracted driving accident lawyer will look at each of these elements when evaluating your case. It’s vital that you discuss your legal options with an attorney before speaking with or making any decisions involving the distracted driver’s insurance company. That way, you can know where you stand and how you should act to protect your rights.
Shared Fault in Allen
If the other driver or their insurance company tries to blame you for some of the accident, speak with a lawyer right away. They are trying to reduce their own liability for the accident. Even if it turns out you were partially at fault for what happened, you may still have compensation options.
Texas has modified comparative fault laws. According to Texas Civil Practice and Remedies Code section 33.001, a claimant cannot recover damages only if they are more than 50% at fault for the accident. So, if you hold less than 50% fault, you can still seek compensation.
A distracted driving lawyer will work to negotiate with the insurance company and work towards the compensation you deserve. Most cases reach a settlement without ever having to consider going to trial. However, if you do end up needing to file a lawsuit for your damages, your lawyer will be there every step of the way.
Get a Free Consultation with an Allen Distracted Driving Accident Lawyer Today
Don’t let a distracted driver’s poor decisions leave you with medical costs and other damages. Let us help you fight for your rights and recover your costs as fully as possible. Our lawyers are experienced, compassionate, and dedicated to fighting for you.
Call us today at (214) 305-8277 and we’ll get you a FREE consultation with the best Allen lawyer for your needs. We do not charge a fee unless we win you money, so there is no risk to you.