Topic: Filing a Texting Accident Injury Claim
If You Were Injured Or A Loved One Was Killed Because Someone Was Texting While Driving Our Lawyers Can Help
Our family law firm has been representing Texans injured in auto accidents for 35 years. All too often those collisions are the result of drivers who are too busy sending text messages to pay attention to the road. Texting and driving has become an epidemic – and as a result thousands and thousands of people are injured or killed each and every year.
Remember: If you were injured due to an inattentive driver who was texting while driving, you may be entitled to punitive damages due to the at-fault driver’s grossly negligent and/or reckless conduct.
You didn’t ask for your life to be turned upside down because someone was texting and not paying attention. We will assist you in getting your life back on track by helping you to secure any and all necessary medical treatment at no up-front cost. In addition, our Dallas texting accident injury attorneys can assist you in obtaining immediate financial assistance while we assist you in your case development to maximize your recovery.
Some common questions regarding motor vehicle collisions involving drivers who were texting at the time of the wreck are included below with helpful reminders and suggestions. Remember: Be sure to visit our extensive practice area section on “Car Wrecks” for an even more extensive Q&A session along with additional tips for maximizing the value of your claim or case. Feel free to click on a specific area below to be taken there instantaneously on this page.
Q: If the person that hit me was texting at the time of the collision do you automatically win your case?
A: No. The at-fault driver’s insurance carrier can still claim the texting driver wasn’t negligent. They can argue the accident was “unavoidable”. They can suggest you stopped suddenly. They can claim you were also negligent in causing the motor vehicle collision.
Remember: To win a motor vehicle collision personal injury case you must establish by a preponderance of the evidence that the at-fault driver was negligent and that his or her errors or omissions proximately caused your injuries.
Also Remember: Many times the at-fault texting driver will be found responsible for the collision by the investigating police officer and assigned responsibility in the Police Report associated with the wreck. Sometimes, however, police do not investigate a collision and the at-fault driver may deny texting and driving to his or her insurance carrier.
How We Can Help You: Our firm’s in-house private investigator Mike Foster is one of our firm’s many competitive advantages. Mr. Foster has been trained by the attorneys to thoroughly investigate collisions and to develop evidence to assist in recovering damages for clients. He will secure fact affidavits from witnesses who contend the at-fault party was texting and attempt to locate witnesses if none were previously identified. Many times this is accomplished by canvassing homes and businesses near where the collision took place.
Q: How is liability generally established in motor vehicle collisions where the at-fault driver was texting at the time of the collision?
A: In the vast majority of cases involving allegations of texting and driving liability can be established by demonstrating the at-fault motorist’s inattention (driver inattentiveness) caused the wreck.
Remember: If you were texting at the time of the collision the at-fault driver’s insurance carrier will almost undoubtedly suggest you were at fault for the collision or – at the very least – comparatively negligent in causing the collision.
Q: Are there any applicable laws in regards to texting and driving?
A: Yes, but almost all laws involving texting while driving are found at the local or city level of government. Many cities have put in place serious laws to discourage people from sending text messages while driving.
Q: What impact do texting laws have on your case?
A: If the city where your motor vehicle collision took place has an “anti-texting” ordinance you may be entitled to argue the at-fault driver was negligent per se (“as a matter of law”) or that his or her actions should be deemed grossly negligent or reckless entitling you to an award of punitive damages.
How We Can Help You: Our Dallas texting accident injury lawyers will research local laws to determine if the at-fault driver may have violated a law prohibiting texting while driving.
Q: If a driver was texting when he or she caused the motor vehicle collision are you entitled to punitive damages?
A: Potentially. Punitive damages are difficult to recover in Texas but can be requested if the Defendant’s conduct was grossly negligent or reckless.
How We Can Help You: No one should be injured or killed over a text message. Regis, Shane, and Joseph will cite legal precedent to insurance carriers demonstrating that you may be entitled to punitive or exemplary damages if the at-fault driver was texting at the time of the collision.
Q: What are punitive (exemplary) damages?
A: Punitive damages are designed to punish at-fault parties for grossly negligent or reckless conduct. They are generally tied to a Defendant’s finances and – in cases involving highly profitable companies – can sometimes amount to millions of dollars.
Remember: Punitive damages awarded must bear some relation to the general damages awarded by a jury.
Q: If you don’t have health insurance or your deductible is too high to afford seeking medical care for your injuries do you have any options?
A: Yes. Our Dallas texting accident injury attorneys work with a variety of medical professionals, clinics, and facilities all willing to forego payment for services until the conclusion of your personal injury case. You will have peace of mind knowing that you will be able to secure the medical attention you need and deserve following a motor vehicle wreck caused by a distracted driver that was too busy texting to follow the rules of the road.
Q: What if you need a surgery?
A: Depending on available insurance proceeds our firm can also assist you in obtaining a necessary surgery. We have relationships with a variety of orthopedic surgeons, neurosurgeons, surgical centers, and even hospitals – all willing to forego payment for surgical services until the conclusion of your claim or case.
Q: If the at-fault driver was texting while driving what role could that play in negotiating your settlement?
A: If it can be established that the at-fault driver was texting when the motor vehicle collision occurred both liability and damages associated with your claim or case could be impacted. It will likely be easier to suggest the at-faulty party was negligent due to driver inattention if he or she was texting when the accident happened. In addition, in our experience jurors generally award more non-economic damages in cases where the Defendant was texting – which insurance adjusters and insurance companies know as well.
How We Can Help You: It could be determined that the at-fault driver was texting by your testimony alone. It is always better, of course, if independent witnesses confirm he or she was texting as well. Our firm’s private investigator will interview known witnesses and canvass for additional witnesses to develop additional evidence that the at-fault driver was texting and driving.
Q: Can you get access to the at-fault driver’s cell phone records?
A: Generally yes – but only if a lawsuit has been filed. The Defendant’s insurance company will almost undoubtedly deny a request for those records if litigation has not commenced.
Q: So should you automatically just file a lawsuit?
A: No. As stated above, the at-fault driver will often admit they were texting to his or her insurance carrier. Often times an independent witness is available to confirm the at-fault driver was texting. Whether to file a lawsuit should be examined on a case-by-case basis as attorney fees and case expenses both increase if a lawsuit has filed.
Contact our texting accident injury attorneys in Dallas, Plano, and Fort Worth today! Initial consultations are always free, and there is never a fee unless we obtain a recovery. We also offer a discounted 28% contingency fee on cases that don’t require litigation.