San Antonio Distracted Driving Accident Lawyer

What is Distracted Driving

Distracted driving remains a huge problem for drivers around San Antonio. One survey from AAA found that 88% of drivers believe distracted driving is on the rise and a serious problem.

Unfortunately, that hasn’t stopped drivers from putting others at risk.

The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that diverts attention from safe driving. Distractions can take three forms:

• Visual – Anytime you take your eyes off the road, you’re less likely to be aware of hazards.
• Manual – When you physically take your hands off the wheel, your reaction time is drastically affected, and it’s much harder to react to a potential accident.
• Cognitive – Your reaction time is slowed whenever your attention is on something other than driving.

Cell Phones Are the Biggest Cause of Distracted Driving

When you think of distracted driving, you probably picture someone texting behind the wheel. Texting and driving has been illegal in Texas since 2017, and using any handheld device in a car while in a school zone is illegal.

Young adult and teen drivers are more frequently involved in fatal crashes where distracted driving is a factor — they face even tighter car phone use restrictions Drivers under 18 in Texas are prohibited from using cell phones while driving, including hands-free, except for emergencies.

While the texting and driving ban is statewide, some Texas cities have implemented additional measures to combat distracted driving. San Antonio, Austin, Laredo, and Brownsville have enacted hands-free ordinances banning all cell phone use while driving.

Texting and driving is one of the most dangerous types of distracted driving, but the expanding capabilities of smartphones create even more possibilities for distraction, such as:

• Phone calls or video chats
• Checking or answering email
• Using social media
• Using GPS applications

Other Types of Distracted Driving

Beyond phone use, other activities can interrupt your focus while driving. Though they aren’t outlawed, they can be just as dangerous. Examples include:

• Eating or drinking
• Applying cosmetics
• Reaching for a moving object
• Adjusting the radio or other controls
• Looking at something outside the vehicle
• Interacting with passengers and pets

Distracted Driving Statistics

Both state and federal agencies record data on distracted driving car accidents and fatalities. According to the latest data from the NHTSA:

• 3,142 people were killed in crashes involving distracted drivers in 2020, and 324, 652 were injured
• 8% of fatal crashes and 14% of injury crashes were reported as distraction-affected
• Drivers between 15 and 20 years old who are involved in fatal crashes are most likely to be distracted.

Texas-specific data from the Texas Department of Transportation shows that nearly one in five crashes on Texas roads were caused by a distracted driver, killing 431 and injuring nearly 3,000. In Bexar County, 18,614 crashes in 2021 were caused by distracted driving, killing 57.

Victims’ Rights in San Antonio Distracted Driving Crashes 

Distracted driving accidents can cause serious injuries, property damage, and more. You may feel overwhelmed by the physical and financial aftermath and wonder what to do next. But the law lets you seek compensation for all your losses.

The key to a successful case against a distracted driver is proving negligence. The other driver texting and driving doesn’t guarantee a successful claim, but your distracted driving accident lawyer can use it as strong evidence to support your case.

Possible Damages in Texting and Driving Cases

The damages you might pursue are specific to your case and depend on the nature and severity of your injuries. Your texting and driving accident lawyer will help you calculate the total value of your claim, but you may be able entitled to:

• Economic Damages – The quantifiable losses victims often pay out of pocket. Examples include current and future medical expenses, property damages, lost wages and reduced earning capacity.
• Non-Economic Damages – These losses can’t easily be valued in a dollar amount. Non-economic damages are often awarded for pain and suffering, emotional distress, and losses associated with damaged personal relationships and loss of enjoyment of life.

Filing a Distracted Driver Accident Claim

You have a limited time to file a personal injury claim after a distracted driving accident in San Antonio. This time limit, known as the statute of limitations, is two years from the date of the crash. If you wait too long to file and the statute expires, you won’t be able to recover any compensation.

Also, Texas follows the rule of modified comparative fault, also known as proportionate responsibility. If you are partially at fault in the distracted driving accident, your compensation will be reduced by the percentage of blame you share. For example, if you are awarded $50,000 but are found to be 20% at fault for speeding or being distracted yourself, your compensation will be reduced by $10,000.

Why Work with a Lawyer After a Distracted Driver Accident?

The insurance company will likely offer a settlement quickly if there is strong evidence to suggest a driver was texting or, in some other way, distracted. But these large companies are not doing you a favor by getting you compensation right away. This tactic is designed to pressure accident victims into a settlement for the least amount possible, usually before they have a chance to consult a lawyer.

An insurance adjuster may also suggest your claim against a distracted driver is not as solid as you may think or try to diminish your physical injuries. They may even claim you share more of the blame than you do.

The only real way to protect your interests and secure the level of compensation that you deserve is to get effective legal representation from our distracted driving accident lawyers experienced.

With a record of success in San Antonio distracted driving accidents, the Law Giant will:

• Conduct an exhaustive investigation into the accident and how the other driver became distracted.
• File an insurance claim or lawsuit against the liable party
• Thoroughly document your losses and damages related to being injured by a distracted driver
• Negotiate on your behalf and pursue the maximum amount possible
• Collect evidence that supports your claim and prepare your case for court if necessary.

Contact The Law Giant for Help after a Distracted Driving Accident

If a distracted driver caused you harm, in San Antonio, you need an attorney on your side to help hold them liable and secure the compensation you deserve. The Law Giant is ready to help.