Texting While Driving Car Accidents in Katy

using phone while driving

The advancement in technology in recent times has made it easier for people to transact businesses at their fingertips. Today, it’s very easy to communicate with family and friends overseas, without necessarily having to book flights or cruise thousands of miles for a one-on-one meeting. At the tap of your mobile phone, you can make and receive payments, hire employees, talk to friends and family, or keep you entertained.

Unfortunately, this growth has its fair share of shortcomings. The Texas Department of Transportation notes an increase in fatalities related to texting while driving car accidents in Katy. Most drivers act in complete disregard for state and federal laws regarding the use of mobile phones while driving. As a result, they become disoriented of their surroundings, making this menace a matter of public safety concern. If you or a loved one suffered injuries in this type of accident, 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 is in itself a type of distracted driving. When a driver takes their eyes away from the road for a second, they become at least six times more likely to cause an accident, some of which are catastrophic.

Normally, any car accident claim must be based on negligence to qualify for compensation. Ideally, you need to show that:

  • The driver owed you a legal duty of care
  • The duty was breached through texting and cell phone use while driving
  • The breach caused you serious injuries and was the proximate cause of the harm you suffered
  • You incurred monetary and non-monetary losses

If you were injured in an accident related to cell phone use, knowing whether you have a legal claim could be the turning point. State personal injury laws allow victims of accidents caused by negligence to recover monetary compensation for their injuries and losses. But to have an in-depth look around your case, you need to speak with a respected Katy attorney.

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

Perhaps, the biggest aspect of personal injury cases that determines whether you have a legal claim is liability. Before you file your case, you must, first of all, establish the party likely to be at fault for the accident. In this case, you must show that the driver was indeed texting and using their cell phone while driving.

But even so, there are scenarios where you may also have contributed to the accident. For example, if you were carelessly crossing the highway too, and the distracted driver didn’t see you, the defense may argue that you were also to blame. This could be true and ultimately affects your case. Modified comparative fault laws allow liability to be shared between parties, but still allow the plaintiff to recover damages. However, the payable amount is reduced based on your percentage of liability.

Damages Available in a Katy Texting & Cell Phone Accident Lawsuit

The type of compensation recoverable in a texting and cell phone accident case is based on the specific damages you suffered. In most cases, you qualify for:

Economic Damages

Also known as tangible losses, they are damages to which a monetary value can be attached. Normally, receipts and documents act as proof. They cover losses such as:

  • Medical expenses
  • Lost wages
  • Lost financial benefits
  • Rehabilitation costs
  • Other provable loss

Non-Economic Damages

They are also referred to as intangible losses. They cover non-monetary losses to which a specific value may not be attached. Typically, they 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 previously mentioned damages, this type of compensation is not meant to make you whole again. Instead, they are meant to punish the party at fault for their negligence. Additionally, they are not available in every state and are awarded as a prerogative of the judge or jury presiding your case.

Talk to a Renowned Katy Texting While Driving Accident Lawyer

Getting hurt in an accident caused by a distracted driver can be disheartening. Knowing that you could be leading a normal life but for the negligence of someone else can be traumatizing. Although there is nothing you can do to reverse the damage done, the steps you take can help secure your future.

By retaining a tried and tested attorney, you could obtain significant compensation after a texting while driving car accident in Katy. All you need to do is take the first step and discuss your case. To talk to us, please call us or fill our online contact form right away.

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