Denton Texting and Driving Accident Lawyers
In the modern age, cell phones are nearly ubiquitous. Most people have cell phones and many use them for GPS assistance and directions. However, texting and driving distracts the driver and can lead to wrecks that involve significant and life-threatening injuries. Fortunately, Texas recently passed House Bill 62, which prohibits texting while an individual operates a motor vehicle. In the event that a car accident involving texting while driving does occur, the injured victim should get in touch with the compassionate Denton texting and driving accident attorneys at Fears Nachawati, a Dallas car accident law firm, as soon as possible.
There are many reasons for contacting a skilled and experienced attorney, including the use of their local knowledge and assistance with pre-trial negotiations. At Fears Nachawati, a Dallas car accident law firm, , we have worked with a variety of clients in a wide range of vehicular wrecks, from straightforward rear end accidents to more complex cases with multiple defendants, such as crashes involving drivers for rideshare companies like Uber and Lyft. Listed below are some of the ways that our Denton attorneys can come to your aid during this difficult time.
Handling Damages in My Claim
At the heart of a texting and driving accident claim, just as with all personal injury cases, is the pursuit of compensation for the damages that the injured person has suffered. Since the distracted driver caused the accident which, in turn, caused the person’s injuries, it is common sense that the distracted driver should be held responsible for the impacts of that injury on the person’s life.
While you and your family focus on recovering from your injury and handling the various drastic changes to your lifestyle, the Denton texting and driving car crash attorneys at Fears Nachawati, a Dallas car accident law firm, can build a list, with appropriate evidence, of the damages for which you deserve compensation. Typically, these harms come in two distinct types.
The first category of harm includes all of the monetary or financial impacts that the injury has on your life. For example, you may pursue compensation for items like medical bills, lost income as a result of your injury, and property damage such as the replacement of your vehicle. The extent of this compensation is dictated by the actual amount of payments or bills you incur, and evidence often includes receipts.
Not all of the harms you experience are financial in nature. Some are more subjective and affect your inner personal life or your relationships, but they also need to be compensated by the person responsible for the accident. Some examples of common non-economic damages are loss of enjoyment in life, the psychological impact of disfigurement, loss of companionship with a spouse, and others. Texas does not limit the amount you may be compensated for these types of harm, but it may be necessary to enlist the testimony of an expert witness who can attest to appropriate monetary values.
Very rarely, Texas also allows for extra damages. Reserved for accidents that display egregiously negligent behavior, like texting and driving or drunk driving, this extra compensation is awarded freely by the jury rather than being pursued by you and your lawyer. That said, these punitive or exemplary damages (as they are known) may be awarded when you and your attorneys show evidence of clearly dangerous and negligent behavior on the part of the other driver.
The amount of exemplary damages is limited to the higher of the following two values by Texas Civil Practice and Remedies Code §41.008:
- Twice your economic damages, plus up to $750,000 of your non-economic damages; or
How Fault is Determined in My Case
In order to receive compensation from the other party, it must be shown that the other driver was at fault for your accident. Of course, fault is almost certainly going to be attributed to them if their engagement in texting while driving was a direct cause of the wreck. Evidence that can be used to show fault includes:
- Eyewitness testimony
- Accident reconstructionist testimony
- Surveillance or traffic camera footage
- Cell phone records
The determination of fault is important because, although Texas does allow you to recover compensation as long as you are not more than 50% at fault, the amount of compensation you receive will be reduced in proportion to the amount of fault assigned to you. In other words, the more fault can be pinned on the other driver, the more compensation you may receive. This is true for rear end accidents just as it is for pedestrian or bicycle accidents.
I Can Get a FREE Consultation Today
Dallas Car Accident Lawyers knows how difficult life can become after a serious injury. That is why we provide our clients with a FREE consultation and do not collect a fee until after we win you the compensation you deserve.
To get in touch with us and schedule your free visit, simply fill out the form on our contact page and a Denton texting and driving accident attorney will respond as soon as possible. If you prefer over-the-phone interactions, dial 469-998-4069.