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Filing a Texas Texting Accident Injury Claim
Call (214) 747-5240 for Help Now!
All too often accidents are the result of drivers who are too busy texting to pay attention to the road.
Driving while texting has become an epidemic, and as a result thousands of people are injured or killed every year. If you were injured in Texas, due to somone texting while driving, you may be entitled to punitive damages due to the at-fault 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 while texting.
Our Dallas texting while driving accident injury 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, our Dallas texting accident attorneys 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.
About Texas Texting While Driving Accident Injury Claims
Below our Dallas attorneys answer some common questions specifically in regards to injury claims resulting from driving while texting accidents. 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.
What is the Liability of the Driver who was Texting?
If someone was driving while texting and hit me will I automatically win my accident injury claim?
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 accident.
Remember: To win a Texas driving while texting accident claim, you must establish by a preponderance of the evidence that the at-fault driver was negligent and that their errors or omissions caused your injuries.
Many times the at-fault 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 at-fault driver may deny driving while texting to his or her insurance carrier.
How Can Our Dallas Texting While 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 driving while texting. 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 texting accident took place.
In Texas wow is liability generally established in an accident where the at-fault driver was texting?
In the vast majority of cases involving allegations of texting and driving in Texas, 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 accident the at-fault 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 do texting laws in Texas have on your injury claim?
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 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 Dallas Texting While Driving Accident Attorneys Help?
Our Dallas texting accident lawyers will research local laws to determine if the at-fault driver may have violated a law prohibiting texting while driving.
Potential for Punitive Damages in Texas Texting While Driving Injury Claims
If a driver was texting 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 Dallas Driving While Texting Accident 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 at-fault driver was texting 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 in a Texting While Driving Accident
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 Dallas texting accident 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 a driving while texting accident?
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 injury claim.
Negotiations in Texas Accident Injury Claims Resulting from Driving While Texting
If the at-fault driver was texting while driving what role could that play in negotiating your settlement?
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 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 Dallas lawyer’s 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 Can Our Dallas Texting While Driving Accident Injury Attorneys Help?
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 law firm’s accident investigator will interview known witnesses and canvass for others to develop additional evidence that the at-fault driver was driving while texting.
Filing an Injury Lawsuit in Texas if the Defendant was Texting While Driving
Can you get access to the at-fault driver’s cell phone records to prove they were driving while texting?
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 automatically just file a lawsuit in Texas texting while driving accident injury claims?
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 attorneys in Dallas, Plano, Frisco, or Fort Worth today!
Initial consultations are always free, and there is never a fee unless we obtain a financial settlement for you. We also offer a discounted 29% contingency fee on texting accident injury claims that don’t require litigation. The standard attorney fee is 33.3%. Our special offer can potentially put thousands more in your pocket instead of a law firm’s. Call (214) 747-5240 for help now!