Distracted driving is not just a nationwide problem. For years now, it has been a menace in Texas. When a driver texts, replies to an email, swipes through photos, or makes a call, they take their eyes off the road and their surroundings for at least a few seconds. Unfortunately, they forget that it only takes a split second for a tragic accident to occur. That’s why this habit can be particularly dangerous.
Although Texas laws have outlawed the use of cell phones while driving, these accidents continue to occur. According to the National Safety Council, distracted driving results in at least 4,383 crashes every day, or about 1.6 million accidents every year. And while most of them involve minor fender benders, others are tragic, with one in every four accidents causing serious injury. If you suffered harm in a Brownsville texting and cell phone accident, you should discuss your eligibility for compensation with a skilled car accident attorney.
Proving Liability in a Texting and Driving Case
Among the most significant challenges you can face when pursuing a claim in a cell phone accident case is proving liability. The other driver is unlikely not to admit fault. Therefore, you need to take it upon yourself to investigate and prove your case. Without a car crash attorney, the process can be intimidating, especially in scenarios where the other driver accuses you of wrongdoing. They can also make false statements to authorities.
For these reasons, your case must be handled by a professional. You will need to prove the following to qualify for compensation:
The Driver Owed You a Legal Duty of Care
Every driver who steps out on Brownsville roads has a duty of care towards other motorists and the general public. They must operate their vehicles in manners not likely to cause harm to other people. This means adhering to traffic rules and meeting the required standards of safe vehicle operation.
The Driver Breached the Duty of Care
If a texting and cell phone collision occurs, it means the duty of care was breached. In your case, the driver must have been using their phone while driving. Proving that they were on the phone could be done through:
- Eye witness testimonials
- The driver’s admission
- Videos and traffic footage
- Third-party records such as texts and call logs from phone service providers
The Breach was the Proximate Cause of Your Injuries
Before you can recover any compensation from the defendant, you must show that their actions were the proximate cause of your injuries with a preponderance of the evidence. For example, had they not been texting or using their cell phone, they would not have run a red light, cutting you off or knocking you down.
You Suffered Damages
Filing a case in a texting and driving accident allows you to recover damages for:
- Lost wages
- Lost future earnings
- Medical expenses
- Rehabilitation costs
- Pain and suffering
To punish the driver for recklessness, your case may also result in punitive damages if the right conditions apply. A trial-tested car accident attorney is necessary if your case proceeds to court. Their experience and qualifications are significant assets in preparing a solid claim against the party at fault.
For a free legal consultation with a texting while driving accident lawyer serving Brownsville, call (832) 449-8230
What If I Can’t Afford an Attorney?
Perhaps the biggest reason why most car accident victims don’t get the justice they deserve is because of the misconception about hiring an attorney. Some believe they can handle their cases, and retaining a car accident lawyer only complicates the process. Others have a misguided notion that it costs an arm and leg to hire them. This is not the case if you choose Lone Star Injury Attorneys.
Our lawyers handle all our cases on a contingency fee basis. This means that if your claim is eligible for compensation, we will incur all costs upfront. We only collect attorney’s fees if you are successfully compensated. Through our no-win-no-fee arrangement, you get the opportunity to channel your resources to urgent matters such as treatment for your injuries. Our representative will discuss the contingency fee arrangement extensively during the free initial consultation.
Brownsville Texting While Driving Accident Lawyer Near Me (832) 449-8230
Contact a Brownsville Texting and Driving Accident Attorney
If you were injured in a Brownsville texting and cell phone accident, you shouldn’t let the negligent driver go without making up for the damage they have caused. They should be held financially responsible for the losses you incur. Our car accident lawyers have the skills, resources, and experience required to make a successful claim. Contact us today to discuss your case.
Call or text (832) 449-8230 or complete a Free Case Evaluation form