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:
If you can provide any documentation you have collected. Such as medical records, eyewitness reports, police reports and more.
Gathering the following types of evidence may help you establish liability and the value of your damages:
- Police report
- 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.