Texting While Driving Car Accidents in Katy

using phone while driving

The advancement of technology in recent times has made it easier for people to conduct business at their fingertips. Today, communicating with family and friends overseas is a breeze, without the need to book flights or cruise thousands of miles for face-to-face meetings. With just a tap on your mobile phone, you can make and receive payments, hire employees, chat with friends and family, or find entertainment.

Unfortunately, this growth is not without its drawbacks. The Texas Department of Transportation has noted an increase in fatalities related to texting while driving in Katy. Many drivers act with complete disregard for state and federal laws governing the use of mobile phones behind the wheel. As a result, they become unaware of their surroundings, turning this issue into a significant public safety concern. If you or a loved one has suffered injuries in this type of accident, please reach out to our skilled auto wreck attorneys as soon as possible.

Do I Have a Legal Claim If I Was Hit by a Distracted Driver?

Texting and using a cell phone while operating a vehicle constitute a form of distracted driving. When a driver diverts their eyes from the road even for a moment, they become at least six times more likely to cause an accident, some of which may be catastrophic.

  • Typically, a car accident claim must be predicated on negligence to be eligible for compensation. To pursue such a claim, you’ll need to demonstrate the following:
  • The driver owed you a legal duty of care.
  • This duty was breached through texting or cell phone use while driving.
  • The breach directly resulted in serious injuries and was the proximate cause of the harm you endured.
  • You suffered both monetary and non-monetary losses as a consequence.

If you were injured in an accident involving cell phone use, understanding whether you have a legal claim could be pivotal. State personal injury laws permit victims of accidents caused by negligence to seek monetary compensation for their injuries and losses. However, to gain a comprehensive understanding of your specific case, it is advisable to consult with a respected Katy attorney.

Modified Comparative Negligence Laws & How They Impact Your Texting While Driving Case

A critical aspect of personal injury cases that determines whether you have a legal claim is liability. Before filing your case, you must establish the party likely at fault for the accident. In this context, you must demonstrate that the driver was indeed texting and using their cell phone while driving.

However, there may be scenarios where you also contributed to the accident. For example, if you were carelessly crossing the highway and the distracted driver failed to see you, the defense might argue that you share the blame. This argument could be valid and may affect your case. Modified comparative fault laws permit liability to be divided between parties, but still enable the plaintiff to recover damages. The amount payable is reduced based on your percentage of liability.

Damages Available in a Katy Texting & Cell Phone Accident Lawsuit

The compensation recoverable in a texting and cell phone accident case depends on the specific damages you incurred. Generally, you may qualify for:

Economic Damages

  • Also known as tangible losses, these damages have a clear monetary value. Receipts and documents typically act as proof, covering losses such as:
    • Medical expenses
    • Lost wages
    • Lost financial benefits
    • Rehabilitation costs
    • Other verifiable losses

Non-Economic Damages

  • Referred to as intangible losses, these damages encompass non-monetary losses without a specific value. They typically cover emotional or psychological harm, such as:
    • Pain and suffering
    • Post-Traumatic Stress Disorders
    • Loss of consortium
    • Loss of quality of life
    • Emotional trauma

Punitive Damages

  • Unlike the damages mentioned above, punitive compensation is not designed to make you whole again. Instead, it aims to punish the at-fault party for their negligence. These damages are not available in every state and are awarded at the discretion of the judge or jury overseeing your case.

Consult a Renowned Katy Texting While Driving Accident Lawyer

Suffering an injury in an accident caused by a distracted driver can be both disheartening and traumatizing. Knowing that you could be leading a normal life if not for someone else’s negligence only compounds the pain. While nothing can reverse the damage done, the actions you take can help secure your future.

By engaging a proven attorney, you could secure significant compensation following a texting while driving car accident in Katy. The first step is to discuss your case. To speak with us, please call or fill out our online contact form without delay.

Lone Star Injury Attorneys, PLLC

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