Texting While Driving Accident Lawyer in Dallas, TX
Cell phones are a source of immense modern convenience. Smartphones have given humans a virtually endless source of connection, information, and entertainment at our fingertips. However, texting while driving has become a serious problem on American roadways. In fact, the National Highway Traffic Safety Administration considers texting while operating a motor vehicle the most alarming form of distracted driving.
Injuries in these kinds of accidents can be devastating, as the collisions can occur at high speeds when drivers have their eyes off the road. If you or one of your family members have suffered an injury in a texting and driving accident, there is hope. Texas law allows injured people to pursue compensation for the damages they receive due to the negligence or actions of another individual. At Fears Nachawati, a Dallas car accident law firm, our attorneys have worked with a wide range of personal injury claims and understand how to adjust to the various fact patterns that can arise.
For instance, we have worked in cases such as:
- Rollover accidents
- Head-on collisions
- Accidents with trucks or buses
- Motorcycle accidents
- Accidents involving rideshare companies like Uber and Lyft
We are here to help you pursue justice and get the positive outcome you and your family need to move on with your life after this tragedy.
Understanding My Damages
The heart of any personal injury claim is the pursuit of compensation for the damages or harms you suffer as a result of your accident. In texting and driving claims, just as in all car accident claims, the primary “compensable damages” are split into two camps: economic and non-economic harms. However, texting and driving may warrant special compensation known as exemplary damages as well.
When you suffer a harm that has a direct financial impact, that is known as economic damage. These kinds of damages typically come with a bill or receipt showing their monetary value. Examples of economic harm can include items like medical bills, car repairs, the cost of a new vehicle, lost wages, etc., and you may recover only as much as the actual value or cost of those items.
Other forms of damage that you suffer do not have a clear monetary value. They are more subjective, such as physical pain, mental trauma, loss of enjoyment in life, and other personal effects. For these harms, it is often necessary to bring in an expert witness who understands how to attach appropriate values for compensation. In Texas, there is no limit to the amount at which these harms can be valued.
Finally, texting and driving accidents fall into the same class of wreck as drunk driving accidents: wrecks that are caused at least in part by especially egregious or negligent activity. In these cases, Texas law allows the jury to award you additional compensation as a form of punishment and deterrence for the at-fault party. The maximum amount you may be awarded as exemplary damages is limited to the higher of the following two amounts:
- Two times your economic damages, plus up to $750,000 of your non-economic damages
When I Am Partially At Fault
Another important aspect of a personal injury claim is the determination of fault. Unlike other states, Texas allows you to recover compensation as long as you have no more than 50% of the blame for the accident in which you were injured. However, the total amount of compensation you receive will be reduced by the percentage of fault that you are assigned.
For example, a person who has $100,000 of damages and is 25% responsible for the accident will be able to recover a maximum of $75,000, since the total amount of compensation is also reduced by 25%. Our texting while driving accident lawyers will work to show evidence of the opposing driver’s fault in order to evaluate your compensation package.
Evidence I Can Use to Reduce My Fault
An attorney can work to find additional evidence to support your claim and put more responsibility on the other driver, but there is also evidence you can collect at the scene of the accident. After you have ensured that everyone involved in the accident has received appropriate medical care and law enforcement has been alerted, make sure to collect the following, if possible:
- The other driver’s insurance and contact information
- Eyewitness contact information
- Pictures of the scene of the accident
- Pictures of property damage
- Locations of nearby traffic cameras or surveillance cameras
Dallas Car Accident Lawyers Can Help Me
At Fears Nachawati, a Dallas car accident law firm, , our texting while driving accident attorneys are ready to help you get the best outcome in your claim. We do not collect a fee unless we win you the compensation you need, and we offer a FREE consultation so that we can become more familiar with your case.
Frequently Asked Questions
- What Should You Expect In A Fatal Motorcycle Accident Case In Dallas?
- What Are The Most Common Car Accident Injuries in Dallas?
- How Long Will My Car Accident Case Take?
- Should You Ever Give a Recorded Statement to Your Insurance Company After a Car Accident?
- Should I Accept a Settlement from the Insurance Company in Dallas?