Distracted Driving Accident Lawyer
Many car accidents are the result of distraction. A driver diverts their attention from the road–even for a split second–and they end up colliding with another vehicle or person. The distraction itself can be anything from looking at their smartphone to talking with a passenger in the back of their vehicle.
While there may be no malicious intent, distracted driving is still reckless driving. And if a distracted driver causes an accident, they can be held legally responsible for any damages suffered by the victims. If you have been involved in such a collision and need legal advice from a skilled lawyer, attorney Keith B. French is here to help.
Distracted Drivers Can Be Held Civilly Liable Even If They Never Received a Traffic Ticket
Distracted driving is basically a catch-all term for any activity that takes a driver’s attention away from operating their motor vehicle. Some distractions are considered traffic violations, notably texting on a smartphone while driving. But many other distractions are not barred by law yet can still lead to an accident and incur civil liability for the distracted driver.
Some other common distracted driving behaviors include:
- eating or drinking;
- shaving or putting on makeup;
- programming a radio, entertainment system, or navigation system;
- watching a video; or
- talking to passengers in the car.
Again, a distracted driving behavior does not have to be illegal in the sense of incurring a traffic ticket for it to be cited as proof of a driver’s negligence in a personal injury lawsuit. If an accident victim can show that distraction caused a defendant to take their eyes off the road just before the collision occurred, that can go a long way to proving negligence. Indeed, in many personal injury lawsuits it is possible to obtain a defendant’s cell phone records to show they were using their device at a critical moment.
Contact Keith B. French Law Today
As with any personal injury case, a lawsuit based on distracted driving can recover significant monetary damages on behalf of the injured parties. A successful plaintiff is entitled to seek compensation for the following:
- past and future medical expenses;
- lost wages and reduction in future earning capacity;
- vehicle repair or replacement costs;
- pain and suffering; and
- other out-of-pocket costs arising from the accident.
Texas is a fault-based state, which means the distracted driver’s insurance company will often be on the hook for these damages first. Insurers often try and low-ball initial settlement offers, hoping accident victims will accept before even speaking with an attorney. This is always a mistake. You should never feel pressured to sign a settlement agreement or release of future legal claims without consulting a qualified Pearland distracted driving accident lawyer.
You should also take care not to wait too long to speak with an attorney. Texas has a two-year statute of limitations in personal injury cases. So if you have been injured in an accident and need to speak with someone as soon as possible, contact the offices of Keith B. French Law, PLLC, to schedule a free consultation.