Texting and driving is one of the most common causes of accidents in the entire nation, and El Paso is no exception. Some drivers think they can text and drive safely, but even minor lapses in attention can lead to devastating accidents.
If you’ve been injured by a texting driver, you need to speak to an El Paso car accident lawyer from Omega Law Group Accident & Injury Attorneys. Texting while driving is a traffic offense, and negligent drivers can be financially responsible for your medical bills, lost work income, and other injury-related losses.
Our team has decades of experience between us. Send our firm a message online or call today to discuss your case with a texting while driving accident lawyer in El Paso.
Laws Against Texting While Driving in El Paso
According to Texas’s texting and cellphone laws, it is illegal to operate a smartphone or similar electronic devices with your hands while driving a motor vehicle. This means texting and driving is illegal. In other words, you cannot read, compose, or send messages while driving. There is an exception for hands-free operation, such as voice-to-text.
How to Prove a Driver Was Texting
Texting and driving is a type of distracted driving, which means you need to prove the driver was distracted in order to determine their liability. There are several types of evidence that an El Paso personal injury lawyer can use to prove that a driver was texting:
- Subpoenaed phone and text records
- Smartphone app usage and history
- Video footage and surveillance cameras showing texting
- Eyewitness testimony
- Vehicle event data recorder readings
- Signs of distracted driving (e.g., tire marks, swerving before accident, etc.)
What to Do After an Accident With a Texting Driver
If you get into an accident with a texting driver, you need to act quickly to protect your ability to make a claim. Follow these general steps:
- Document the scene. After receiving necessary emergency treatment, document the accident scene with photos and video. Make notes of environmental factors and get contact information from eyewitnesses.
- Get driver info. Make sure you get all relevant information from the at-fault driver, like their name, address, vehicle make/model, and insurance company.
- See a doctor. Once you have documented the scene and have the driver’s details, schedule a doctor’s appointment. You need copies of medical documentation showing your injury diagnosis, prognosis, and proposed treatment plan.
- Talk to a lawyer. Before talking to the insurance company, you need to speak to a lawyer. A lawyer can gather additional information and be your representative during insurance negotiations and potential litigation.
Compensation You Can Recover in a Lawsuit
Even a minor accident can drain your finances and impact your ability to work. More serious injuries can require extensive medical care and career modifications. An El Paso texting and driving accident lawyer can help you recover compensation for the following economic and non-economic losses:
- Emergency medical costs and future medical expenses
- Lost work income and the value of lost employment benefits (e.g., PTO, bonuses, etc.)
- Differences in your pre- and post-injury projected career earnings
- Miscellaneous injury-related expenses (e.g., housekeeping, home/vehicle modifications, etc.)
- Physical pain and conscious suffering
- Emotional distress and mental anguish
- Discomfort and inconvenience from disfigurement or scarring
We are experienced at investigating claims and identifying sources of compensation. Our demand calculations will account for your short- and long-term losses.
Time Limit for Filing a Car Accident Lawsuit in El Paso
Under Civil Practice & Remedies Code § 16.003, Texas’s statute of limitations generally gives you a maximum of two years to file a lawsuit for injuries due to texting and driving. If your injuries were hidden, the timer starts from the date you discovered you had injuries.
Once two years pass, your legal claim to financial damages will become null and void, no matter the severity of your injuries.
You shouldn’t wait to get started, as even minor delays can have an impact. Prompt legal action significantly reduces the chance you’ll face delays or denials and gives you access to your funds sooner.
Have you been involved
in an accident?
(310) 526-8383
Contact an El Paso Texting While Driving Accident Lawyer
An accident with a texting and driving lawyer can leave you frustrated and looking for relief. Omega Law Group can be your legal advocate and give you the chance to recover your compensation. We are a firm that won’t compromise to get a quick win and will use every resource available to secure justice on your behalf.
Fill out our contact form online or call us today to speak to a texting while driving accident lawyer in El Paso.
