Dallas Distracted Driving Accident Lawyer

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Distracted driving, such as texting, eating, or using in-car technology, increases the risk of accidents. If you’ve been injured in an accident caused by a distracted driver in Dallas, Texas, you need a local car accident attorney who will stand up for you and ensure you recover the compensation you deserve.

At The Law Giant Personal Injury & Accident Lawyers, our Dallas distracted driving accident attorneys have extensive experience handling these cases. We understand the complexities of these accidents and are committed to standing by your side and providing the support you need to recover physically, emotionally, and financially. With over $750 Million recovered for our clients, call (469) 936-7762 for a free evaluation with the Law Giant.

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What is Distracted Driving?

Distracted driving is when drivers engage in any activity that diverts their attention from the road. Unlike simple negligence, distracted driving indicates a failure to prioritize safe driving, leading to dangerous situations. These behaviors are irresponsible and illegal in many cases, with severe consequences for those involved in accidents.

The Texas Transportation Code outlines specific actions that qualify as distracted driving, such as texting while driving, using a phone, or even eating behind the wheel. But any activity that takes a driver’s eyes off the road, hands off the wheel, or mind off driving can be considered a distraction.

Distracted Driving in Dallas, TX

Nearly one in six crashes on Texas roads are caused by distracted drivers. Distracted driving can manifest in many ways, all of which pose significant risks on the road. Some of the most common distracted driving behaviors in Dallas include:

Texting While Driving

Texting while driving is one of the most dangerous forms of distraction. Since September 2017, reading, writing, or sending a text while driving in Texas has been illegal. When drivers text, they are visually, manually, and cognitively distracted, significantly increasing the likelihood of an accident. The few seconds it takes to text can have catastrophic consequences, as the driver’s attention is entirely removed from the road. 

Using a Phone

Whether making a call, using GPS, or browsing social media, using a phone while driving is a major distraction. Even hands-free devices can divert a driver’s attention, reducing their ability to react to sudden changes on the road. This lack of focus can easily lead to severe accidents.

Eating or Drinking

Eating or drinking while driving may seem harmless, but it can be just as dangerous as other distractions. When drivers eat, they often take one or both hands off the wheel, and their attention is divided between the road and their meal. This increases the risk of losing control of the vehicle and causing an accident.

Adjusting Controls

Adjusting the radio, climate control, or other in-car systems can divert a driver’s attention long enough to cause an accident. Even brief moments of inattention can lead to severe collisions, particularly in busy traffic conditions like those in Dallas.

Other Distractions

Daydreaming, emotional stress, or arguing with passengers can be just as dangerous as physical distractions while driving. If your mind isn’t focused, you’re less likely to notice hazards or react quickly. Pull over, take a break, and don’t drive if you’re overwhelmed.

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Following a devastating 18-wheeler accident, our client sustained life-altering spinal injuries. By illustrating the full extent of the truck driver’s negligence and the impact on our client’s health and future, we secured essential financial relief.

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The Legal Rights of Distracted Driving Victims

If you’ve been injured in a distracted driving accident in Dallas, you can seek compensation for your losses. Under Texas law, distracted driving is considered a serious breach of the duty of care that drivers owe to others. Proving that the other driver was distracted during the accident can significantly strengthen your claim and increase your chances of obtaining fair compensation.

Compensation after a Distracted Driving Accident

Victims of distracted driving accidents in Dallas, TX, may be entitled to various forms of compensation, depending on the specifics of their case. 

Economic Damages

Economic damages compensate victims for the tangible, out-of-pocket losses they incur due to a distracted driving accident. These include medical expenses, rehab costs, lost wages, and property damage. Economic damages are crucial in helping victims recover the financial costs associated with their injuries and losses.

Non-Economic Damages

Non-economic damages compensate victims for their intangible losses from distracted driving accidents. These damages may include pain and suffering, emotional distress, and loss of enjoyment of life. While non-economic damages are more challenging to quantify, non-economic damages are essential in fully compensating victims for their experiences.

Punitive Damages

Punitive damages are not awarded in every case but are reserved for situations where the distracted driver’s behavior was particularly egregious. Unlike economic and non-economic damages, punitive damages are intended to punish the driver and deter future distracted driving actions.

The total compensation you may receive after a distracted driving accident will depend on the extent of your injuries, the impact on your life, and the degree of the other driver’s distraction.

Time Limits & Comparative Fault for Distracted Driving

It’s essential to act quickly after an accident involving distracted driving. Texas law imposes a two-year statute of limitations on personal injury claims, meaning you must file your claim within this period to retain your right to compensation.

Additionally, Texas follows a “modified comparative fault” rule, which means that if you were partially at fault for the accident, your compensation might be reduced by your percentage of fault. However, if you’re found to be 51% or more at fault, you could be barred from recovering any damages.

Our Distracted Driving Accident Attorneys Can Help

Pursuing a claim after a distracted driving accident in Dallas can be emotionally challenging and complex. An experienced distracted driving accident attorney can assist by:

  • Investigate the accident: Your attorney will conduct a detailed investigation, gathering crucial evidence—such as police reports, witness statements, and phone records—to build a solid case for liability.
  • Prove liability: Establishing that the driver was distracted is key. A dedicated attorney will work to show how the other driver’s actions, such as texting or using their phone, directly contributed to the accident.
  • Negotiate with insurance: Insurance companies may try to downplay the impact of a distracted driving accident. Your attorney will negotiate assertively to secure fair compensation for your losses.
  • Calculate damages: An experienced attorney will collaborate with financial experts to assess the full range of damages, covering both economic and non-economic losses like medical expenses, lost income, and pain and suffering.
  • Represent you in court: If negotiations don’t result in a fair settlement, your attorney will be prepared to take the case to court and advocate for the compensation you deserve.

With the support of a skilled distracted driving attorney, you’ll have a dedicated advocate to help you seek justice and secure the compensation needed to move forward.

Hurt by a Distracted Driver? The Law Giant Wins Big

Distracted drivers must be held accountable for the harm they inflict. If you or a loved one has been injured in a distracted driving accident, you don’t have to face it alone. The Law Giant Personal Injury & Accident Lawyers are here to help fight for the justice and compensation you deserve.

We offer free consultations and work on a contingency basis, meaning there’s no fee unless we win your case. Contact The Law Giant at (469) 759-1323 or contact us online to schedule your free consultation and take the first step toward recovery.