You Can Trust Our Lawyers to Fight for Your Rights in Dallas Distracted Driving Injury Claims
About Injury Claims Caused by Distracted Drivers
All too often accidents are the result of drivers who are too busy texting to pay attention to the road. Distracted driving has become an epidemic. As a result thousands of people are injured or killed every year.
If you were injured in Dallas, due to a distracted driver, you may be entitled to punitive damages due to the driver’s grossly negligent and/or reckless conduct. Punitive damages are monies awarded above and beyond normal accident damages, designed to punish at-fault drivers.
You didn’t ask for your life to be turned upside down because someone was driving distracted.
Our Dallas distracted driving accident lawyers will assist you in getting your life back on track. We’ll help you secure any and all necessary medical treatment at no up-front cost. In addition, Mullen & Mullen Law Firm can assist you in obtaining immediate financial assistance while we develop your claim and work to maximize your settlement amount.
Call (214) 747-5240 for a free consultation with an attorney now.
Below our Dallas attorneys answer some common questions about personal injury claims resulting from at-fault texting drivers. After you review those, be sure to visit our extensive car accident injury claim page to learn about additional information that will be applicable to your case.
If someone was texting while driving and hit me will I automatically win my accident injury claim?
No. The 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 accident.
Remember: To win a Texas texting while driving accident claim, you must establish by a preponderance of the evidence that the driver was negligent and that their errors or omissions caused your injuries.
Many times the texting driver will be found responsible for the accident by the investigating officer and assigned responsibility in the Police Report. Sometimes, however, police do not investigate a collision and the person may deny texting while driving to his or her insurance carrier.
How Can Our Distracted Driving Accident Lawyers Help?
Our attorneys have an in-house accident investigator. Mike Foster is one of our many competitive advantages. He has been trained by our lawyers to thoroughly investigate accidents and to develop evidence to assist in recovering damages for client’s injuries. Mike will secure fact affidavits from witnesses who contend the at-fault party was distracted while driving. He will also attempt to locate witnesses if none were previously identified. Many times this is accomplished by canvassing homes and businesses near where the accident took place.
In Texas how is liability generally established in an accident where the driver was texting?
In the vast majority of cases involving allegations of texting and driving in Texas, liability can be established by demonstrating the motorist’s inattention (driver inattentiveness) caused the wreck.
Remember: If you were texting at the time of the accident the driver’s insurance carrier will almost undoubtedly suggest you were at fault for the wreck, or at the very least, comparatively negligent in causing the collision.
Texas Law in Texting While Driving Accident Claims
Are there any applicable Texas laws in regards to texting and driving?
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.
What impact does texting while driving have on your injury claim in Texas?
If the city where your motor vehicle collision took place has an “anti-texting” ordinance you may be entitled to argue the driver was negligent per se (“as a matter of law”) or that their actions should be deemed grossly negligent or reckless entitling you to an award of punitive damages, those above and beyond the usual.
How Can Our Accident Attorneys Help?
We will research local laws to determine if the driver may have violated a law prohibiting texting while driving.
Potential for Punitive Damages
If a driver was distracted at the time of the accident are you entitled to punitive damages?
Potentially. Punitive damages are difficult to recover in Texas but can be requested if the Defendant’s conduct was grossly negligent or reckless.
How Can Our Injury Lawyers Help?
No one should be injured or killed over a text message. Our attorneys will cite legal precedent to insurance carriers demonstrating that you may be entitled to punitive or exemplary damages if the driver was distracted at the time of the collision.
What are punitive (exemplary) damages in Texas law?
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.
Obtaining Medical Treatment if Injured by a Distracted Driver
If you don’t have health insurance or your deductible is too high to afford medical care for your injuries do you have any options?
Yes. Our attorneys work with a variety of medical professionals, clinics, and facilities all willing to forego payment for services until the conclusion of your injury claim. You will have peace of mind knowing that you will be able to secure the medical attention you need and deserve following an accident caused by a driver that was too busy texting to follow the rules of the road.
What if you need a surgery after an accident?
Depending on available insurance proceeds our Dallas law 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 injury claim.
Negotiating an Accident Injury Claim
If the driver was distracted, what role could that play in negotiating your settlement?
If it can be established that the driver was distracted when the motor vehicle collision occurred both liability and damages associated with your claim could be impacted. It will likely be easier to suggest the at-fault 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 distracted, which insurance adjusters and insurance companies know as well.
How Can Our Accident Injury Attorneys Help?
It could be determined that the driver was distracted by your testimony alone. It is always better, of course, if independent witnesses confirm he or she was distracted as well. Our law firm’s accident investigator will interview known witnesses and canvass for others to develop additional evidence that the driver was texting or otherwise distracted while driving.
Filing an Injury Lawsuit
Can you get access to the other driver’s cell phone records to prove they were distracted while driving?
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.
Should you file a lawsuit if the driver who caused your injury accident was texting?
No. As stated above, the driver will often admit they were texting to his or her insurance carrier. Often times an independent witness is available to confirm the 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.
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Mullen & Mullen Law Firm
1825 Market Center Blvd #200
Dallas, TX 75207
We will come to your home, office, or hospital room if it makes it easier on you!
No in-person meeting required. Virtual consultations and sign-ups are available.
Shane V. Mullen is an attorney licensed by the State of Texas for the general practice of law, and the Managing Partner at Mullen & Mullen Law Firm in Dallas, TX. His firm focuses exclusively on personal injury law and has been in business for 40 years (since 1983). Before becoming a lawyer, Shane worked for his father as an accident injury claims investigator.