Distracted Driving

Distracted driving is anything that diverts a driver’s attention from the road. It includes phone calls, texting, using GPS devices, or even eating and drinking. Distracted driving, while thought to be harmless by some, has led to catastrophic motor vehicle accidents. According to the Texas Department of Transportation, distracted driving deaths in Texas have risen by 17%. Multi-tasking while behind the wheel has led even drivers with years of experience to cause severe crashes resulting in serious bodily injury and even death. Due to the rise in distracted driving, the Texas State legislature passed the Texas Distracted Driving Law, effectively banning texting while driving beginning September 1, 2017.

It is a common misconception that cell phone usage cannot be proven in a personal injury lawsuit resulting from a motor vehicle accident. An experienced Texas personal injury lawyer has many ways of showing that the at-fault driver was negligent due to cell phone usage. Cell phone records can be subpoenaed to show exactly when any phone calls or text messages were made. Due to advances in technology, attorneys can even retrieve data that shows if the phone was being used at all while the vehicle was in motion. Cell phone records that include this type of data are only available for a limited time, so it is imperative that you seek out legal counsel as soon as you are involved in a motor vehicle accident with a driver who may have been distracted.

Do I need to hire an attorney?

Hiring a personal injury attorney is critical in order to receive the highest possible recovery that is available to you without any undue delay. Many people injured as the result of the negligence of a third party might be reluctant to hire a lawyer. This is because people do not want to have to spend money unnecessarily if they feel that a personal injury claim might be something that they could handle themselves. In Texas, the standard method of payment for a personal injury attorney is through what is called a contingency fee. This means that a personal injury lawyer won’t ever send you a bill, invoice, or receipt. The lawyer would get paid by taking a percentage of whatever the recovery is. That is the case if the recovery is through a settlement or through a jury trial. If, for whatever reason, there is no recovery, then you would not have to pay the lawyer anything. The statute of limitation to recover for an injury or death resulting from negligence is only two years. You only have two years to pursue a recovery from a negligent party. Insurance will delay investigating the claim, taking reasonable efforts to respond to you timely, and give you an appropriate response to your claim until this limitation expires. Hiring an experienced Texas personal injury attorney will ensure that the insurance companies take you and your claim seriously. If the insurance companies are not willing to cooperate, then a lawyer can file a lawsuit to make certain that they do so.