Arlington Texting & Driving Accident Lawyers
As cell phones have become virtually ever-present throughout the United States, car crashes related to cell phone usage have increased. Though one of the last states to outlaw texting while driving, Texas eventually did so in September of 2017 through the passage of House Bill 62.
The relatively new law means that people injured in an accident due the actions of a driver who was texting at the time may be entitled to significant compensation for their injuries. At Fears Nachawati, a Dallas car accident law firm, our Arlington-based texting & driving accident attorneys can help clients work toward the result they need to get their lives back in order after the chaos that comes with a serious car accident.
Understanding How Fault Affects Compensation
One of the key, underlying factors to understand with a texting & driving car crash is how negligence and fault affect the amount of compensation available to the injured person. Arlington, as with the rest of state, is a jurisdiction that uses a modified comparative negligence theory or fault, also known as proportionate responsibility in the Texas statutes. Set forth by the Texas Civil Practice and Remedies Code §33, modified comparative fault has two main implications.
Partial Responsibility Does Not Negate the Ability to Sue
First, an injured person who is somewhat at fault for an accident is not barred from seeking compensation, unlike in other states, as long as they do not have more than 50% of the blame for the accident that caused their injuries.
Percentage of Fault Reduces Compensation
The second part of proportionate responsibility law is that the injured person’s overall maximum recovery will be reduced by the same percentage as their percentage of fault. In other words, someone who is attributed 30% of the blame for damages worth $100,000 will be able to seek a maximum of $70,000 from the other party.
Our Arlington texting & driving accident attorneys have experience with these matters and understand how fault and negligence affect clients’ compensation. We work to reduce the amount of responsibility applied to our injured clients so that their available recovery is as high as possible.
Types of Damages in Texting & Driving Accident Claims
There are two forms of damages that can be pursued by injured people in these accident claims. Compensatory damages come in two distinct kinds, while exemplary damages are only available in rare cases.
Compensatory damages, so called because they reflect the monetary compensation due an injured person for their difficulties, can be either economic or non-economic in nature.
- Economic damages are more objective and include items with clear monetary value, such as medical bills, repairs to vehicles, lost wages, and the like.
- Non-economic damages are more subjective and do not have clear, agreed-upon monetary values, such as pain and suffering, loss of enjoyment in life, and similar harms.
Also known as punitive damages, these are designed to punish the at-fault driver for extremely wanton, reckless, or negligent behavior as well as to discourage such behavior in the future. Exemplary damages can be awarded in one of two ways, using whichever is higher in a particular case:
- $200,000; or…
- Twice the amount of economic damages plus non-economic damages up to $750,000
Though very rarely awarded, exemplary damages can be seen in extreme cases of texting while driving or in accidents caused by drunk drivers.
How an Arlington Texting & Driving Accident Lawyer Can Help
The legal system is often complex and difficult for laypeople to navigate, but Arlington texting & driving lawyers can help injured clients in a variety of ways. When contacted at the beginning of a case, they may be able to coordinate medical care for injured people as well as collect and preserve vital evidence and use their connections in the legal world to bring in expert witnesses to testify about the value of damages.
Plus, having a lawyer present with you greatly aids in negotiations with opposing attorneys. Our texting & driving accident lawyers in Arlington have experience handling the toughest of cases, including claims against well-resourced rideshare companies like Uber and Lyft. We know how to negotiate to get a settlement that is agreeable and meets our clients’ needs.
Talk to Arlington Texting & Driving Accident Lawyers Today
The Arlington texting & driving accident lawyers at our offices are ready to help you with your claim. We offer a FREE case evaluation service to see if our representation is right for you, and we do not charge a fee to our clients until they recover compensation.
To start working toward the financial recovery that you deserve, get in touch with Fears Nachawati, a Dallas car accident law firm, today. You can reach us over the phone at 214-305-8277, or fill out the form on our contact page and wait for one of our representatives to respond to your inquiry.
Frequently Asked Questions
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