If you suffered injuries in a car accident caused by a distracted driver in Houston, Texas you may be eligible to file an insurance claim or personal injury lawsuit and hold them accountable for their careless actions.
At D. Miller & Associates, PLLC, our lawyers offer free case evaluations for the victims of Houston crashes. We can help you understand your rights after a distracted driver caused you to suffer injuries, and may be able to pursue compensation on your behalf. Call us today at 713-850-8600 for your complimentary consultation.
Damages to Claim in a Distracted Driving Accident Case
While the specific damages you may recover vary based on the details of your car accident case, we can work to get compensation for a wide range of losses and expenses including:
- Medical treatment costs
- Ongoing care costs
- Lost wages
- Repair or replacement of your vehicle
- Damage to personal property
- Car rental costs
- Accident-related expenses
- Pain and suffering
In some cases, you may also receive punitive damages. If we take your case to court, the judge could decide the distracted driver acted intentionally or maliciously. If this occurs, they may order the driver to pay punitive damages as a way to punish them for their bad behavior. This type of legal damage goes above and beyond your compensatory damages.
Distractions that Cause Houston Car Accidents
There are a variety of distractions that can prevent an individual from focusing on the road while driving. Some of the most common distractions we see in the cases we handle include:
- Texting, social media, messaging, or other phone use
- Talking on the phone
- Playing games on a smartphone
- Watching videos on a smartphone
- Eating behind the wheel
- Programming navigation systems
- Tuning the radio/MP3/CD players
- Distractions stemming from having children or pets in the car
If you believe a distracted driver caused your crash, we can help you identify their distraction and hold them accountable. Call us today at 713-850-8600.
Proving Your Distracted Driving Accident Case
To win compensation in a distracted driving case, we need to show the driver acted negligently. The distracted driver is only liable if we can prove their distraction caused the accident and your injuries.
We thoroughly investigate every case we handle. Frequently in this type of distraction case, the police will cite the distracted driver or assign blame to them in the accident. While a police report does not always provide definitive proof of fault, it can help us prove negligence and liability in a distracted driving case.
Other evidence we use may include:
- Pictures or video of the accident
- Witness statements
- Documentation of the scene provided by a survey team
- An analysis of the damage to each vehicle
- Data supplied by accident reconstruction specialists
Recovering Compensation in a Houston Distracted Driving Accident Case
After we investigate your accident, it is time to take action to recover money for your expenses and losses. In most situations, we first file an insurance claim based on the distracted driver’s auto liability policy.
Texas requires all drivers to carry a minimum amount of liability coverage that pays out when the policyholder causes an accident. In most cases, we can convince the insurance company to work with us and negotiate a fair settlement. We send a demand letter that outlines our lawsuit against the driver and the full value of the damages you suffered.
If the insurance company denies our claim or refuses a fair settlement, we may need to litigate your case to get the payout you need. Filing a civil lawsuit allows us to go before a judge who can look at our evidence and determine how much compensation you deserve.
Discuss Your Case with a Distracted Driving Accident Lawyer in Houston, TX
The personal injury attorneys from D. Miller & Associates, PLLC can help you understand the viability of your case and your options for compensation after a distracted driving crash in Houston, TX. We offer free case reviews and can answer any questions you have about your rights during our initial consultation.
If you have a strong case for compensation, our attorneys will handle your legal case on a contingency basis. We can file your insurance claim or a personal injury lawsuit, and you will not owe us any attorney’s fees unless we win a payout.
Call us today at 1-713-850-8600 to talk to a distracted driving lawyer located in Houston, Texas about your case.