Getting You the Compensation You Deserve
Fort Worth Distracted Driving Accident Attorneys
Representing Victims of Distracted Driving in Texas
When you are driving, your attention should be on the road. Unfortunately, many drivers are distracted by their cell phones, GPS devices, and other electronic devices. In fact, distracted driving is one of the leading causes of car accidents in Texas and throughout the United States. If you or someone you love was injured in a car accident caused by a distracted driver, you have the right to take legal action.
At Cañas & Flores, our Fort Worth distracted driving accident lawyers are passionate about helping the injured. We understand the immense physical, emotional, and financial tolls these accidents can have on victims and their families, and we are prepared to fight for the maximum compensation you are owed. Our attorneys have extensive experience handling all types of car accident claims, including those involving distracted driving. We are prepared to put our skills to work for you.
What Is Distracted Driving?
Distracted driving is any activity that takes a driver’s attention away from the road. This includes any activity that requires a driver to take their hands off the wheel, their eyes off the road, or their mind off the task of driving. While many people think of distracted driving as only involving cell phone use, it can actually include a wide range of activities.
There are three main types of distracted driving:
- Manual: This type of distraction involves taking your hands off the wheel. For example, eating, drinking, or reaching for something in the backseat are all examples of manual distractions.
- Visual: This type of distraction involves taking your eyes off the road. For example, looking at a GPS device, looking at a passenger, or looking at a billboard are all examples of visual distractions.
- Cognitive: This type of distraction involves taking your mind off the task of driving. For example, daydreaming, talking on the phone, or talking to a passenger are all examples of cognitive distractions.
Many activities can involve one or more types of distraction. For example, texting while driving is one of the most dangerous activities because it involves all three types of distraction. When you text, you must take your hands off the wheel to type, your eyes off the road to read and send messages, and your mind off the task of driving to think about what you are going to say.
How Common Are Distracted Driving Accidents?
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed the lives of 2,841 people in 2018 alone. This means that, on average, nine people are killed in distracted driving accidents every single day in the United States. In addition to these fatalities, thousands of others are injured in these preventable accidents each year.
Unfortunately, distracted driving is a major problem in Texas. In fact, the Lone Star State has one of the highest rates of distracted driving in the country. According to the Texas Department of Transportation, there were 95,572 distracted driving accidents in Texas in 2019. These accidents resulted in 378 fatalities and 2,500 serious injuries.
However, these numbers are likely much higher, as distracted driving is often underreported. Many drivers do not admit to being distracted at the time of the crash, and it can be difficult to prove that a driver was distracted. This is why it is so important to have an experienced attorney on your side if you were injured in a crash caused by a distracted driver.
What Are the Effects of Distracted Driving?
Distracted driving can have a wide range of effects on a driver’s ability to safely operate a motor vehicle. When a driver is distracted, they are unable to fully focus on the road and the task of driving. This means that they may not be able to react in time to avoid a crash, or they may not see a hazard in the road until it is too late.
Some of the most common effects of distracted driving include:
- Delayed reaction time
- Failure to see traffic signals or signs
- Failure to see other vehicles
- Failure to see pedestrians, bicyclists, or motorcyclists
- Failure to see hazards in the road
- Swerving into other lanes of traffic
- Running red lights or stop signs
- Driving too fast or too slow for current conditions
- Driving the wrong way down a one-way street
- Driving off the road
- Causing rear-end accidents
- Causing head-on collisions
- Causing sideswipe accidents
- Causing T-bone accidents
As you can see, distracted driving can lead to a wide range of dangerous driving behaviors. These behaviors can cause serious and even fatal accidents.
What Are Your Legal Rights After a Distracted Driving Accident?
If you were injured in a car accident caused by a distracted driver, you have the right to take legal action. In Texas, you have two years from the date of the accident to file a personal injury lawsuit. If you lost a loved one in a distracted driving accident, you have two years from the date of their death to file a wrongful death lawsuit.
It is important to note that, in some cases, you may have more or less time to file a lawsuit. For example, if the at-fault driver was a government employee, you may have as little as six months to file a claim. This is why it is so important to consult with an experienced attorney as soon as possible after a crash.
When you file a personal injury lawsuit, you can seek compensation for a wide range of damages, including:
- Medical expenses
- Lost wages
- Lost earning capacity
- Property damage
- Pain and suffering
- Mental anguish
- Reduced quality of life
- Loss of consortium
If you lost a loved one in a distracted driving accident, you may be able to file a wrongful death lawsuit. In Texas, only certain family members are eligible to file a wrongful death claim. These include the surviving spouse, children, and parents of the deceased. If the deceased does not have a surviving spouse, children, or parents, the personal representative of the estate may file a claim. In a wrongful death lawsuit, you can seek compensation for a wide range of damages, including medical expenses, funeral and burial costs, loss of inheritance, loss of household services, loss of consortium, and more.
How Can You Prove a Distracted Driving Accident in Court?
Proving that a driver was distracted at the time of a crash can be challenging. In many cases, the driver will not admit to being distracted, and there may not be any witnesses to the crash. However, an experienced attorney can help you gather the evidence you need to prove your case.
Some of the most common types of evidence used to prove distracted driving include:
- Cell phone records
- Surveillance footage
- Witness statements
- Police reports
- Expert testimony
- Accident reconstruction
When you work with our team, we will conduct a thorough investigation into the crash. We will gather all available evidence and use it to build a strong case on your behalf. Our attorneys are skilled negotiators and litigators, and we are not afraid to take on large insurance companies and corporations. We will fight tirelessly for the maximum compensation you are owed.
Why Choose Cañas & Flores?
At Cañas & Flores, we are committed to helping the injured. We understand the immense physical, emotional, and financial tolls these accidents can have on victims and their families, and we are prepared to fight for the maximum compensation you are owed. Our attorneys have extensive experience handling all types of car accident claims, including those involving distracted driving. We are prepared to put our skills to work for you.
When you choose our firm, you can expect:
- Compassionate, personalized legal services
- Open and honest communication
- Aggressive representation from start to finish
- Customized legal strategies tailored to your unique needs
- Responsive, accessible attorneys who are available to answer your questions
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Call Our Firm Today for a Free Consultation
If you or someone you love was injured in a car accident caused by a distracted driver, we can help. Our Fort Worth distracted driving accident attorneys have extensive experience handling all types of car accident claims, and we know what it takes to win. We are prepared to put our skills to work for you.
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