You can sue for distracted driving accidents in Texas if the other driver was at fault. You may be eligible to recover your medical bills, lost wages, pain and suffering, and any other losses the accident caused. However, it is important to note that you must establish that the other driver was at fault and prove the extent of your damages.
Proving the Other Driver Was At Fault
To have a successful claim or lawsuit, you and your car accident lawyer, if you hire legal representation, must prove the other driver behaved negligently. There are four necessary elements for a negligence claim:
- Duty of care: Drivers owe other road users a responsibility to drive safely.
- Breach of duty: The other driver breached that duty by driving distracted.
- Causation: The driver’s distraction caused an accident and your injuries.
- Damages: You suffered damages (e.g., medical bills, lost wages, pain and suffering, etc.)
Examples of Distracted Driving That Might Merit an Injury Claim
While most people think of texting and driving when they consider distracted driving, several other tasks can take a driver’s focus off the road and cause an accident. Some of these behaviors include:
- Talking to a fellow passenger
- Talking on the phone
- Surfing the internet
- Browsing social media
- Eating while driving
- Reading while driving
- Looking for something in the vehicle
- Changing the radio station
Legal Options After a Distracted Driving Accident
If you believe that the other driver was at fault for your injuries and damages, you typically want to file a claim. If you are unable to reach a resolution you can file a lawsuit.
File a Claim
To pursue a recovery, you can file a claim with the other driver’s insurance company. It may deny your claim or offer you a settlement. You can accept the settlement or negotiate for a higher amount.
File a Lawsuit
If the insurance company denies your claim or offers an unfair settlement, you can take your case to court and attempt to persuade the judge or jury to issue a verdict in your favor.
Establishing That the Other Driver Was Liable for Your Damages
It is important to provide clear evidence that the other driver was at fault. You can do the following to help establish your claim:
You can provide any documents you have such as medical records, eyewitness reports, police reports, and more.
The following types of evidence may help you establish liability and the value of your damages:
- Police report
- Surveillance video
- Statements from eyewitnesses
- Medical bills and records
- Your paystubs or W-2s
- Testimony from expert witnesses
Seek Testimony from Experts
Depending on the complexities of your case, our team can discuss your case with medical experts, accident reconstruction experts, vocational experts, and other expert witnesses who can establish the cause of your accident and how your injuries will continue to affect you going forward.
Damages You Can Claim for Your Distracted Driving Accident
Because there are so many variables that affect case value, we cannot estimate a value for your damages until after we investigate your accident. However, some of the damages you may be entitled to include:
- Medical expenses, e.g., emergency room bills, ongoing care, medications, surgery costs, doctor’s visits, etc.
- Lost wages, e.g., any time you needed to take off work because of your accident and injuries
- Lost earning capacity, if your injuries required you to retire or take a lesser-paying job
- Noneconomic damages, e.g., mental distress, physical pain, loss of consortium, loss of quality of life, and more.
Time Limits for Taking Legal Action in a Distracted Driving Accident
Texas imposes a two-year statute of limitations — or time limit — on injury cases, including distracted driving accident cases, under Texas Statute § 16.003.
If you fail to file a lawsuit within this two-year period, you may be unable to take legal action to pursue a recovery.
Seek Legal Help from a Distracted Driving Accident Lawyer in Texas
A distracted driving accident attorney can manage your case and engage with insurance companies, liable parties, medical experts, and legal experts. They can guide you through the legal process and work on your behalf.
If you or a loved one suffered injuries in a distracted driving accident, a car accident attorney from D. Miller & Associates, PLLC may be able to help you file a claim and seek recovery.
Get a free, no-obligation consultation. Call us at 713-850-8600.