Pasadena Drunk Driving Accident Victim Lawyer
Studies have shown that texting while driving can be more dangerous than drunk driving. Actually, the NHTSA refers to texting and driving as “the most alarming distraction” that exists on roadways today. This is because taking your off eyes the road exponentially increases your chances of being involved in an accident.
If you are a victim of a text-driving accident, we can help you prove the fault of the driver who caused the crash. Our team of legal veterans has the experience and legal know-how you need to successfully file and pursue a texting and driving accident case.
Pasadena Texting While Driving Laws
Texas passed a law in September 2017 that bans texting and driving. This gives the individuals hurt in accidents caused by a driver who was texting and driving a right to claim compensation for injuries, medical bills, lost income, or loss of consortium, amongst other damages and losses, that resulted from the accident. It does not matter whether or not there is a criminal or traffic citation issued for the accident. Any person who texts while driving is at fault and should be held liable for their negligence of driving while being distracted.
While it is obvious that texting while driving can lead to serious and often fatal accidents, it is important for us to point out why driving and texting is so distracting, dangerous, and illegal.
- Cognitive distraction – when a driver’s mind is distracted by a text message, his or her cognitive ability to control their vehicle decreases, enhancing the likelihood of a crash.
- Visual disorientation – With their eyes on the phone, a driver can hardly concentrate on the road.
- Manual distraction – the hands play a major role in controlling a vehicle. A driver’s hand cannot be busy texting while retaining full control of the steering wheel.
Proving Fault in a Texting and Driving Case
As a plaintiff in a Pasadena civil court for a texting and driving suit, you must prove that the party in question breached his or her duty of care by illegally using a phone at the time of the crash. You have to prove that were it not for the other driver’s negligence, you would most likely not have suffered the injuries or damages that you ended up suffering because of the accident. You also have to substantiate the extent of your damages. You can do this by submitting police reports, medical bills, receipts, and other documentation related to the accident with your claim.
However, proving that another motorist was distracted by texting can be quite difficult without the likes of video or eyewitness testimony. Fortunately, a skilled Pasadena auto accident lawyer can work around these limitations. One example is issuing a subpoena for the other party’s phone records. This will help in proving that the at-fault driver was actually texting while driving.
How Pasadena Judges Handle Distracted Driving Cases
When it comes to text message distraction cases, if you can prove that the other driver was distracted while driving, you will likely win your claim and be issued a verdict for receipt of full compensation for all injuries or losses sustained.
Proving distracted driving is made much easier if you have an experienced Pasadena, TX texting and driving accident attorney on your side. A good lawyer will know how to use accident details and match them against mobile service data of the at-fault driver. This is a complex process that the police or legal authorities might be reluctant to execute for you, so the assistance of a lawyer at this stage of the claims process is highly recommended.
When You Should Contact Your Insurance Company
Pasadena vehicle accidents have blanket-coverage under no-fault accident laws. Your car accident insurance company covers lost wages and medical expenses automatically without the need for you to prove that the other road user was at fault. However, it the other party’s negligence is what caused the accident, you may be eligible for compensation for pain and suffering via a personal injury suit.
Hurt by a Driver Who Was Texting While Driving?
We understand that hiring an attorney is a big step. We try to make things easier by offering you personalized services – not just expert legal assistance but help in dealing with insurance companies, healthcare service providers, the police, auto workshops, and more. Our lawyers handle clients on a one-on-one basis, and we thrive on building solid and successful legal strategies to help our clients win the claims and damages to which they are entitled. Contact us today at 713-677-2159, or click here to schedule a free consultation with an expert in the distracted driving domain.
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