Failing to pay attention while driving causes serious accidents. If a negligent driver injured you, an experienced Dallas distracted driving accident lawyer can help you pursue compensation for your losses.
Omega Law Group Accident & Injury Attorneys puts our clients first. We’ll answer your questions, keep you updated, and treat you like family. Our Dallas car accident lawyers have decades of experience standing up for people hurt by careless drivers. Call today for a free consultation.
Our Distracted Driving Attorneys in Dallas Can Help You After a Crash
When you get hurt because someone else wasn’t paying attention, you deserve a legal team that takes your case seriously. Our Dallas personal injury lawyers will take care of everything so you can focus on healing.
We will handle your case from beginning to end, which means:
- Fully investigating the crash: We will collect phone records, traffic camera footage, witness statements, and police reports to prove the other party was driving while distracted.
- Building your case for full compensation: We can work with medical professionals to show how the accident has affected your health, job, life, and personal and professional relationships.
- Talking with the insurance company: We’ll speak to them so you don’t have to. We know their tactics and won’t let them push you around or offer you less than is fair.
- Staying with you the whole way: We’ll explain your rights, keep you updated, and answer your questions anytime. You’ll never feel in the dark about your case.
- Charging you nothing unless we recover damages for you: That’s our promise. Let our family take care of your family and fight for the outcome you deserve. Call us today for a free, private consultation.
What Counts as Distracted Driving in Texas?
Driver distraction involves any activity that takes the driver’s eyes, hands, or focus off the road. Even just a few seconds of distraction can lead to a crash.
Some common examples of distracted driving include:
- Texting or using a cell phone
- Eating or drinking
- Changing the music
- Reaching for items
- Talking to passengers
- Looking at a GPS device or map
Has the Insurance Company Contacted You? Talk to Us First
If the insurance company has already called you about the crash, don’t feel pressured to answer right away. The insurance adjuster’s goal is to protect their bottom line, not your health or well-being.
Insurance adjusters often sound friendly and concerned about your injuries. However, they may try to get you to say something that hurts your claim. They also might offer a low settlement fast before you even know how serious your injuries are.
We know all their tactics. Let our Dallas distracted driving accident attorneys handle them for you. We will protect your rights and pursue the compensation you deserve.
What Damages Can You Get in a Crash With a Distracted Motorist?
After a distracted driving crash, you may recover damages for:
- Medical bills (past and future)
- Lost income from missing work
- Loss of earning capacity (if you cannot return to work permanently)
- Pain and suffering
- Physical therapy and rehab
- Home modifications for a disability
- Emotional distress
- Loss of enjoyment of life
Texas Is a Fault-Based Auto Insurance State
In Texas, the driver who caused the crash can be held financially responsible for the injuries and property damage that result. If another driver’s negligence caused your accident, you can seek compensation through their auto insurance company.
However, the insurance company may dispute who caused the crash or offer less than you believe your claim is worth. Evidence such as the police report, photographs, witness statements, and medical records can help establish what happened.
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How to Prove Negligence in a Distracted Driving Accident
To establish negligence in your distracted driving case, our team will focus on these key aspects:
- Duty of care: Drivers have a legal responsibility to operate their vehicles with reasonable care and pay attention to the road. This includes avoiding distractions that could put other drivers, passengers, cyclists, or pedestrians at risk.
- Breach of duty: You must show that the driver failed to meet their responsibility by driving while distracted.
- Causation: You must establish that the driver’s distracted behavior caused or contributed to the accident and your injuries. For example, evidence may show that the driver failed to notice stopped traffic because they were looking at their phone.
- Damages: You must demonstrate that the accident caused actual losses. These may include medical bills, lost wages, reduced earning capacity, pain and suffering, and the impact of your injuries on everyday activities. Medical records, employment documents, receipts, and other relevant information can help document these losses.
Proving negligence can be challenging, especially if the other driver denies being distracted or disputes responsibility. Omega Law Group can review the available evidence and help you understand what may be needed to support your claim.
Meeting the Filing Deadline for Personal Injury Lawsuits in Texas
Injured parties in Texas have a set deadline if they wish to file a lawsuit. For personal injury lawsuits, Texas Civil Practice & Remedies Code § 16.003 gives you two years to take action. You also have two years from the date of death to file a wrongful death lawsuit.
Missing the filing deadline can have serious consequences. If you file too late, the court may dismiss your case, leaving you without a way to recover compensation through a lawsuit. Although some exceptions may apply, you should not assume that you have additional time.
Certain claims also have special requirements. For example, a claim involving a government entity may require formal notice within a much shorter period. Negotiating with an insurance company generally does not stop the statute of limitations from running. Even if settlement discussions are ongoing, you still need to file your lawsuit on time.
Common Misconceptions About Distracted Driving Claims
Misunderstandings about these claims can make it harder to protect your rights. Knowing the facts can help you make informed decisions.
Common misconceptions about distracted driving claims include:
- You must prove the other driver was texting. Not necessarily. Distracted driving includes texting, using a phone, adjusting a navigation system, eating, or taking your eyes off the road for another reason. Evidence of distraction can help support a claim, but the key issue is whether the driver’s negligence caused the accident and your injuries.
- The police report determines who is at fault. A police report can be important evidence, but it does not automatically settle liability. Witness statements, photographs, video footage, and other available evidence may help establish what happened.
- You cannot recover compensation if you were partly at fault. In Texas, you may still recover compensation if you share some responsibility for an accident, although your recovery will be reduced by your percentage of fault. Under Texas Civil Practice and Remedies Code Chapter 33, Texas follows a modified comparative negligence rule that only bars recovery if you are more than 50% responsible.
If you were injured in a distracted driving accident, we can explain your options. You can schedule a free consultation to discuss your situation.
Our Dallas Distracted Driving Accident Lawyers Are Ready to Help You
If a distracted driver turned your life upside down, you deserve answers and someone to be held responsible. Omega Law Group will handle the legal fight with care and determination, freeing you up to focus on what matters most: your recovery and future.
We’ve spent decades helping crash victims get justice for the harm they’ve suffered. Our distracted driving accident lawyers in Dallas will negotiate with the insurance company, handle the paperwork, and, if necessary, go to trial on your behalf.
Let our family take care of your family. Call us today for a free consultation.
