The use of mobile phones for texting or making calls is one of the most significant forms of distracted driving. According to the National Highway Traffic Safety Administration, texting and cell phone accidents result in over 400 fatalities annually in the United States. Additionally, more than 40,000 individuals sustain serious injuries from the over 1.4 million crashes related to cell phone use. While many cities and states have implemented laws prohibiting drivers from using handheld cell phones while driving, some drivers still engage in texting and cell phone use while on the road.
When a distracted driver causes an accident by using a cell phone while driving, the injured victims have the right to file a lawsuit for compensation. Unfortunately, many survivors are unaware of their legal options due to a lack of knowledge about liability and negligence. If you have not been involved in a texting while driving car accident in Baytown, it is crucial for you to understand the necessary steps to protect your rights. However, if you or a loved one has recently suffered harm in a similar car accident, it is imperative to consult with an experienced auto wreck attorney without delay.
In accident cases involving texting and cell phone use, plaintiffs argue that a driver who knowingly uses their cell phone while operating a vehicle should be accountable for their actions if a crash occurs. To many injured victims, this act alone is seen as negligence. However, to successfully file a claim, the plaintiff must provide proof that the defendant was undoubtedly negligent in some way. In this case, you must demonstrate that the driver was distracted at the time of the accident or driving unreasonably.
Negligent driving resulting from texting and cell phone use while driving can be caused by:
Proving that the driver who hit you was using their cell phone at the time of the accident is sufficient to build a strong case. However, if you also contributed to the accident in any way, the value of your settlement may be affected. For instance, if you were also using your phone or carelessly crossed the road, and a texting driver hit you, the defense counsel may argue your contributory negligence. Without proper legal representation, you may lose your case. Therefore, it is essential to consult a skilled attorney in Baytown before engaging in negotiations with the defendant’s insurance company or proceeding to trial.
Your attorney will consider the extent of damages suffered, the percentage of fault, the parties involved, and the type of injuries sustained before negotiating a settlement. A good lawyer understands the importance of negotiations before resorting to trial. Both parties may agree to settle based on each side’s percentage of fault. However, if settlement negotiations fail, your case may proceed to trial before a jury or judge.
Damages available in a lawsuit involving a texting while driving accident are similar to those in any other personal injury case. Generally, injured victims are entitled to compensation for both economic and non-economic damages. Depending on the specifics of your case, you may also qualify for punitive damages, which are designed to punish the defendant or party at fault for their negligence. Economic damages may encompass losses related to:
On the other hand, non-economic damages will include:
A seasoned auto wreck attorney will discover all applicable damages in your case and help you pursue maximum compensation for your injuries and losses.
If you have been injured in a car accident in Baytown caused by texting while driving, it is crucial to consult with an attorney promptly. Our team of experienced lawyers at Lone Star Injury Attorneys specializes in handling such cases and will assist you in devising the most effective legal strategy to pursue maximum compensation. Reach out to our offices or contact us online today for assistance.