facebook

Can You Sue For Distracted Driving Accidents in Texas?

In Texas, you can sue for distracted driving only if the other driver was at fault. If so, you may be able to recover compensation for your medical bills, lost wages, pain and suffering and any other losses the accident may have caused. You must establish that the other driver in your case was at fault and prove the extent of your damages.

Proving the Other Driver Was at Fault

In order to have a successful lawsuit or claim. You and your legal representative (if you hired representation) have to prove that the other driver in your case behaved negligently. There are four necessary elements for a negligence claim:

  • Duty of care: Drivers owe other road users a responsibility to drive safely.
  • Breach of duty: The other driver breached that duty by driving distracted.
  • Causation: The driver’s distraction caused an accident and your injuries.
  • Damages: You suffered damages (e.g., medical bills, lost wages, pain and suffering, etc.)

Examples of Distracted Driving That Might Merit an Injury Claim

When you think of distracted driving you think of texting and driving, there are several other tasks that can take a driver’s focus off the road initially causing a distraction which causes an accident. Some examples of these behaviors include:

  • Talking to a fellow passenger
  • Talking on the phone
  • Surfing the internet
  • Browsing social media
  • Eating while driving
  • Reading while Driving
  • Looking for something in the vehicle
  • Changing the radio station

Legal Options After A Distracted Driving Accident

Do you believe that the other driver was at fault for your injuries and damages. Here are the options you have if so:

File A Claim

To pursue recovery, your first option would be to file a claim with the other driver’s insurance company. The other driver’s insurance company may deny your claim or if they do not deny your claim, they may offer you a settlement. You can then accept the settlement or negotiate for a higher amount.

File a Lawsuit

If you file a claim and the other driver’s insurance company denies your claim and offers you an unfair settlement. You can then hire a personal injury attorney (Attorney Tom) to file a lawsuit and take your case to court and attempt to persuade the judge or jury to issue a verdict in your favor.

Establishing That the Other Driver Was Liable For Your Damages

Now that we have covered your legal options after a distracted driving accident. It is now important that you can provide a clear evidence that the other driver was at fault. Doing the following steps can help establish your claim:

Provide Documentation

If you can provide any documentation you have collected. Such as medical records, eyewitness reports, police reports and more.

Gather Evidence

Gathering the following types of evidence may help you establish liability and the value of your damages:

  • Police report
  • Photographs
  • Surveillance video
  • Statements from eyewitnesses
  • Medical bills and records
  • Your paystubs or W-2s
  • Testimony from expert witnesses

Statute of Limitations for Taking Legal Action in A Distracted Driving Accident

In the state of Texas, there is a two-year statute of limitations on personal injury cases. Which includes distracted driving accident cases. If you fail to bring forth a lawsuit within this two-year period, you may then be unable to take legal action to pursue any type of recovery.

Seek Out Legal Help from Attorney Tom a Personal Injury Attorney in Texas

Attorney Tom does more than just try and settle cases. Our managing partner and his legal team help people in our community rebuild their lives and move on after serious injury accidents. Cal his legal team today at any time at (713) 244-6363.

Testimonials

I was very satisfied with the outcome of my settlement.

I was very satisfied with the outcome of my settlement. I would strongly recommend this firm they are 100% in my book.

Posted By:

Carmen Malbrough

When my girlfriend was in a pretty bad car accident, I...

When my girlfriend was in a pretty bad car accident, I was fortunate enough to know Tommy from my personal life. We reached out to Tommy and in no time...

Posted By:

Monkmonk Dabes

If you are here, you’re likely searching for an attorney. Well,...

If you are here, you’re likely searching for an attorney. Well, stop searching. Our home was totaled in Hurricane Laura, and unknowingly we not being treated fairly by another party....

Posted By:

Eva Atwell

Hi hired Tom to handle my personal injury case. I was...

Hi hired Tom to handle my personal injury case. I was hit by an 18-wheeler and we got a GREAT result. I recommend hiring Attorney Tom and his team to...

Posted By:

Marissa

I contacted the firm and spoke directly to Tommy who was...

I contacted the firm and spoke directly to Tommy who was very professional and responsive to all of our concerns and assured me that we had a great case, we...

Posted By:

Wayne Dore

Attorney Tom and his team went above and beyond to resolve...

Attorney Tom and his team went above and beyond to resolve our case. They treated us with empathy, respect, and professionalism. He is a great attorney and worked diligently for...

Posted By:

Angela O’Quain

Tom and his team are truly top notch. They go above...

Tom and his team are truly top notch. They go above and beyond in every way imaginable and most importantly, they treated me like a real person and not just...

Posted By:

Jerry McElroy

Attorney Tom is the best in the business! Extremely knowledgeable, very...

Attorney Tom is the best in the business! Extremely knowledgeable, very professional, and will always fight for you to the ends of the world! His team is very communicative and...

Posted By:

Christopher Torres

In my many occasions working with Attorney Tom and his staff,...

In my many occasions working with Attorney Tom and his staff, it has been nothing but a pleasant experience. I hold Attorney Tom and and all of his staff in...

Posted By:

William Beard

Very professional and responsive

I told him Tommy John, you’re my hero. Because that’s how I feel about him. I do not know what I would have done without Tommy John and his team....

Posted By:

Jarrett R.

Thomas John Kherkher is a great choice for legal representation

Thomas John Kherker was extremely professional when dealing with my case. I had gotten into a tough spot involving contracts and was entirely taken advantage of. Thomas was recommended to...

Posted By:

Elizabeth

When I was rear ended they had my back.

Mr. Kherkher and his team represented me in a highway accident that resulted in my car being totaled. These are some of the things I appreciated the most during our...

Posted By:

David

They are very organized

The team at The Kherkher Law Firm are polite and will work hard for you. They are very organized. I would definitely recommend going to them for your personal injury...

Posted By:

Jarrett Richter

Very friendly and responsive

Kherkher Law is the best. Very friendly and responsive. Helped me work through my issue.

Posted By:

Mike Johnson

Tommy was very kind and helpful

Attorney Tommy was very kind and helpful and he has a great YouTube channel @attorneytom I feel comfortable going to him for any of my future legal concerns.

Posted By:

Alex Cardenas

immediately answered the phone on a Saturday at 4:35pm

While mistakenly detained by the police I called attorney Tommy Kherkher who immediately answered the phone on a Saturday at 4:35pm today 6/1/19 and was quickly released. It was happy...

Posted By:

Therrion Reff

integrity and honor

A person of integrity and honor. He will work hard for you.

Posted By:

Susan Kherkher

He is among the best

I have known Tommy John Kherkher for a long time. He is among the best. A true lawyer and extremely responsive.

Posted By:

Cody Hall

NBC News
buzzfeed logo
fortune logo
yahoo finance logo
khou logo
time logo