Driving distracted, such as by texting behind the wheel, violates a foundational requirement for operating a vehicle safely. If someone neglected this fundamental part of responsible driving and hurt you, a Dallas distracted driving accident lawyer can help you pursue an insurance claim or lawsuit to recover compensation for your losses.
How Our Distracted Driving Lawyers Serving Dallas Can Help You
A car accident lawyer from Domingo Garcia can handle your distracted driving case on several fronts. We can:
- Explain the terminology of insurance policies, claims, and lawsuits
- Acquaint you with the laws that apply to your case using accessible language
- Manage your insurance claim and interactions with adjusters
- Identify the driver’s distracting behavior through an independent investigation
- Gather evidence of distraction to bolster your claim or lawsuit
- Support you and your family if you lost a loved one to a distracted driver
- Help you decide if and when you should file a personal injury lawsuit
- Keep tabs on your case and keep in touch regularly
Why Trust Our Dallas Distracted Driving Attorneys?
You may be concerned about finding the right attorney to represent you after a car accident in Dallas. At Domingo Garcia, we are proud of our background and what we can offer clients, including:
- Over three decades of experience
- Multi-million-dollar recoveries for Texans
- Free initial consultations for personal injury cases
- No legal fees until we win or settle
Above all, we provide compassionate representation. If you are dealing with catastrophic injuries or have lost a loved one due to a texting driver, we understand what you’re going through and will use our experience and resources to fight for your recovery.
Injuries and Damages in Dallas Distracted Driving Accidents
A driver who isn’t paying attention may not have time to slow down, let alone prevent a collision. The higher the speed of a crash, the more severe the injuries. Yet even low-speed crashes can cause injuries like whiplash, which can linger for years and negatively alter the victim’s quality of life.
Our distracted driving lawyers in Dallas will take stock of your quality of life when identifying possible damages. We will evaluate how your injuries affect your:
- Health – We’ll look for losses related to your medical care, recuperation, long-term prognosis, and mental health.
- Finances – We’ll identify accident-related bills, out-of-pocket costs, past and future lost income, and reduced earning ability.
- Relationships – We will determine if your injuries have affected your ability to interact with friends or family.
- Lifestyle – We’ll pursue damages to cover your loss of hobbies or meaningful activities due to your injuries.
- Well-being – We will seek compensation for pain and suffering, emotional distress, and reduced quality of life.
The other driver caused your injuries by not paying attention. At Domingo Garcia, we’ll work to ensure your injuries and other losses receive the attention they deserve.
Pedestrian Injuries and Damages
Drivers who aren’t paying attention may have difficulty seeing pedestrians, especially at night. Pedestrian accident victims can suffer significantly higher losses and catastrophic injuries, such as:
- Lacerations and disfiguring injuries
- Severely broken bones
- Head and traumatic brain injuries
- Back, neck, and spinal cord injuries
- Loss of limb
- Internal injuries and organ damage
These injuries can permanently change your life. If you suffered from a distracted driving pedestrian accident, our attorneys can pursue a fair financial recovery, including reimbursement for long-term care, pain maintenance, prescriptions, and therapy.
If the crash cost the life of a family member, we can represent them and you, pursuing damages that can help with their medical bills, end-of-life care, and funeral and burial. We’ll also ensure the case considers your loss and what that person meant to you.
Proving a Driver Was Distracted in Your Dallas Crash
In addition to the usual forms of evidence that can point to negligence, like photos from the scene, distracted driving accidents can rely on:
- Eyewitness accounts
- Video footage
- Social media
- Phone records
- Accident reconstruction
- Expert analysis
- Police reports
Witnesses can attest whether a driver was looking away from the road when the accident occurred. They can provide video footage, as can traffic cameras and even security footage from nearby businesses. These can offer more than one angle of view, potentially revealing information on the driver’s behavior and the nature of the distraction—texting, eating, changing music, shaving, etc.
Our Dallas distracted driving attorneys can also work to procure the other driver’s social media and phone records. For example, if they were recording a TikTok or posting a photo on Instagram during the crash, we can use that activity as evidence of distraction.
Experts are another pivotal part of our toolbox. Their reconstruction and analysis can determine how all parties behaved. Police reports may also cite the distracted driver. As the Texas Department of Transportation (TXDOT) points out, texting while driving is against the law, and we can use a ticket as proof of negligence in a civil case.
Timely Filing Preserves Evidence of Distraction
Generally, Texas’s statute of limitations for filing a personal injury or wrongful death lawsuit is two years, according to Texas Civil Practice and Remedies Code § 16.003.
Identifying and following the statute of limitations is crucial due to the short-lived nature of evidence in distracted driving cases. For instance, the memory of eyewitnesses can fade quickly. Other evidence, like phone and text records, is also harder to preserve as time passes.
Furthermore, you need to report an accident to the insurance company as quickly as possible, and having evidence preserved for a claim is equally important. Therefore, you shouldn’t wait to start collecting information, even if a lawsuit isn’t on your mind yet. You can put our team to work immediately to assemble and preserve evidence that might prove invaluable later.
Hold a Dallas Distracted Driver Accountable Today
At Domingo Garcia, we are dedicated to aiding victims of distracted driving accidents because such crashes are preventable. We fight to ensure distracted drivers don’t get away with their negligent actions.
If you were hurt, a Dallas distracted driving accident lawyer from our firm can help. Contact us for a free case review now.
