Carrollton Texting While Driving Accident Lawyer
Since the passage of House Bill 62 in September of 2017, texting and driving has been illegal in Carrollton and throughout the state of Texas. Still, these kinds of accidents are not uncommon due to the prevalence of cell phones. By being distracted, a driver risks their own safety and safety of others by becoming unable to react to changing traffic conditions. This leads to significant car wrecks that cause injuries like:
- Broken bones
- Traumatic brain injuries (TBIs)
- Road rash
- Loss of limb
In addition to banning the practice, Texas law also provides injured people an avenue for compensation. If you have been injured in an accident involving a driver who was texting, get in touch with the Carrollton texting and driving accident attorneys at our firm, a Dallas car accident law firm, to learn about the viability of your claim and the possibility of a large settlement or court ruling in your favor.
Understanding Your Right to Pursue Compensation
When it comes to any personal injury claim, one of the primary questions is “how do I calculate my damages for compensation.” Generally, there are two kinds of damages for which you can pursue compensation: economic harms and non-economic harms.
The first kind of harm, economic harm, includes all of the damages that directly affect your financial status. In other words, all of these damages have a societally-recognized monetary value assigned to them. They can include issues like your medical bills, wages lost as a result of your injury, and the cost of repairing or replacing your vehicle. The value of many of these may depend on the severity of your injury. For instance, a person injured in a bicycle accident may have more economic damage than a person in a rear-end accident.
On the other hand, damages that do not directly affect the amount of money in your bank account are called non-economic damages. More subjective in nature, they may require the services of expert witnesses to attest to their value. Examples of non-economic damages include the pain and suffering that you endure as a result of being injured.
Exemplary, or Punitive, Damages
For claims involving especially negligent behavior, a third option exists: exemplary damages awarded by the court. These are rare, but they include behavior like drunk driving and texting while driving. According to Texas Civil Practice and Remedies Code §41.003, exemplary damages are given by the jury and are the higher of these two amounts:
- Twice the amount of economic damages up to $750,000
Our Carrollton texting and driving accident lawyers can advise you on whether or not the behavior in your case is egregious enough to make exemplary damages likely and can help you gather and preserve evidence of the other driver’s fault.
Types of Evidence in Texting and Driving Claims
To prove the fault of the opposing driver, it is necessary to provide the court with evidence. This is important because, while you are able to pursue compensation even if you are partially responsible for the accident, more fault being attributed to you means less compensation. It is vitally important to show that the other driver was primarily at fault so that your compensation can be evaluated.
Some of the typical kinds of evidence used in these cases include:
- Pictures of the scene
- Cell phone records
- Surveillance or traffic camera footage
- Medical records
- Police report records
- Eyewitness testimony
Our Carrollton texting and driving accident attorneys can help compile this evidence and preserve the kinds of evidence that may disappear over time. Witness’ memories fade, physical evidence left at the scene of the accident can be washed away in the rain, and even reports can become lost over time. This is why it is so important to get our lawyers involved in your case as soon as possible.
Dallas Car Accident Lawyers Works for You
At our firm, a Dallas car accident law firm, , we understand car accident cases. We have experience handling all manner of accident claims in Carrollton, including crashes that involve big rideshare companies like Uber and Lyft. We work hard to get you and your family the compensation that you deserve, especially when the opposing driver was being particularly negligent and texting while they were supposed to be observing the road.
Our attorneys can work for you in the pretrial stage by negotiating with opposing counsel, filing your claim within the two-year statute of limitations, and handling the coordination of medical care and police reports. We can provide you with a FREE case evaluation to determine if your claim is viable and if you are comfortable with our team. Plus, we do not collect an attorney fee until after you have won the compensation you need and deserve.