Distracted Driving Accidents
More than nine people a day are killed due to distracted driving, according to the Centers for Disease Control and Prevention. "Distracted driving" is operating a vehicle while also doing another activity, whether it is visual or manual or cognitive, which pulls the driver's attention away from the task of driving. For example, texting or eating or putting on makeup while driving would be considered distracted driving. If you have been injured in the Dallas area because another driver was careless, you can enlist the knowledgeable car accident attorneys at Feizy Law Office to assert your right to compensation.Seeking Compensation from Distracted Drivers
In Texas, a distracted driver can be held liable for injuries arising out of his or her negligent behavior. Generally, texting while driving or doing any other activity besides paying attention to the task of operating a vehicle is a breach of the duty to use reasonable care while engaged in this activity. Even using a navigation system can be a source of distraction. A driver who breaches the duty of reasonable care and in so doing actually and proximately causes an accident involving damages may be found negligent.
In some cases, it is hard to prove liability because the distracted driver denies he or she was distracted. This is why it is important to call the police after an accident and retain an attorney right away, even though in Texas, the statute of limitations for personal injury cases gives you two years from the accident date to sue the responsible party under Texas Civil Practice and Remedies Code, Title 2, section 16.003.
Although eyewitness memory may fade over time, it may be possible to get witness testimony immediately after an accident that can be used to hold an at-fault distracted driver accountable. For example, after three years have passed since an accident, while at a deposition, an eyewitness may forget that the defendant in a lawsuit was eating a slice of pizza while speeding. However, this detail could be crucial to the victim’s success, and if interviewed by the police immediately after an accident, the witness might have reported this information.
Some accidents happen because two drivers are distracted at the same time. Perhaps one person is posting on social media while driving, and someone else is trying to plug an address into his navigation system, and as a result they strike each other at an uncontrolled intersection. If one driver sues the other for damages, the defendant may allege that the plaintiff is comparatively at fault. The jury will determine the total amount of damages, and also assign percentages of fault to each party. As long as the jury finds the plaintiff 50% or less at fault, he or she can recover damages from the defendant up to the percentage of his or her fault.Explore Your Options after an Auto Accident with an Arlington Attorney
In spite of a campaign to increase public awareness about distracted driving, irresponsible motorists continue to cause serious accidents. After being hurt in a crash, you may need to rest and recover. Insurers for the other party are not likely to give you the full amount of compensation you need without a fight, but you may be tempted to take a settlement because you need the money. However, the full extent of your damages may not be immediately apparent. An experienced motor vehicle collision lawyer at Feizy Law Office can help individuals in Arlington and the surrounding cities pursue the full amount of compensation they need and deserve after an accident with a distracted driver. Call us at (214) 651-8686 or contact us via our online form. We represent car accident victims in Fort Worth, Irving, Garland, and Plano, among other cities in the Dallas region.