There is no doubt that texting while driving is an extremely dangerous decision. Taking your eyes from the road and at least one hand from the wheel to read, type, and send text messages is a potentially life-threatening choice. If another motorist engaged in texting while driving and caused an accident in which you or a loved one was injured, then you may be entitled to compensation through an insurance claim or lawsuit.
You can hire an Arlington texting while driving accident lawyer to handle your case. Call Loncar Lyon Jenkins today at (877) 239-4878 for a free consultation.
Texting While Driving Is Illegal
Texting and driving is illegal in the state of Texas, per the Texas Department of Transportation (TxDOT).
Many motorists know that texting while driving is against the law but may choose to do so anyway because:
- They feel that sending or responding to a message is justified.
- They believe that it is difficult to enforce.
- They do not believe that they will get caught.
- They believe they can text while driving without harming anyone.
If a motorist chooses to text while driving and causes an accident, then this fact alone may make them at fault for a collision. A negligent motorist may be held financially responsible for the harm they cause others.
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Your Lawyer Can Use Evidence to Support Your Case
Following an accident, some at-fault drivers immediately take responsibility for their actions. Other times, they do not. To prove that another driver caused your accident, your lawyer will need to utilize various forms of evidence.
These pieces of information could include:
- The police report. You are required to file a police report in the state of Texas if a collision results in any deaths, injuries, or if apparent property damage exceeds $1,000, per Texas Transportation Code §550.062. The police report could contain information regarding the cause of the crash, where it took place, and whether an ambulance needed to be called.
- The other driver’s phone records. If the other party denies responsibility, your lawyer can subpoena their phone records to determine if they were using a cell phone at the time of the collision.
- Traffic camera footage. Your collision may have been caught on tape. If so, your lawyer can use that footage to demonstrate the cause of your accident.
This is by no means a comprehensive list of the types of information that could help your case. You can call Loncar Lyon Jenkins today to learn more.
Your Lawyer Will Establish How Negligence Caused Your Injuries
To prove your case, your lawyer will need to establish how negligence resulted in your collision. When you partner with Loncar Lyon Jenkins, they can consult the guidelines set in place by the American Bar Association (ABA) while building your case.
Another motorist could be considered negligent if:
- They did not act as an “ordinary” or “reasonable” person would have in a similar situation.
- They did not take the steps necessary to avoid causing injuries to you or a loved one.
- They ultimately caused you or a loved one to suffer harm through their actions or failures.
A motorist does not have to intend to harm you or a loved one in order to be negligent. Intentions have no bearing on your civil case. All road users have an obligation to refrain from actions and behaviors that have the potential to harm others. This is known as one’s duty of care.
Your Arlington texting while driving accident lawyer will make the case that you or a loved one was the victim of negligence and that you deserve compensation as a result. Call in the Strong Arm to handle your case by calling Loncar Lyon Jenkins today at (877) 239-4878.
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Possible Injuries Following an Arlington Motor Vehicle Accident
When a driver makes the decision to text and drive, they may also exceed the speed limit, fail to yield to the right of way, and disobey posted traffic signals. As a result of another driver’s negligence, you or a loved one may be struggling with serious injuries.
These injuries could result in medical expenses and other financial hardships that may entitle you to compensation.
Some injuries that may occur during a car accident include:
- Bone fractures
- Dislocated joints
- Traumatic brain injury
- Spinal cord trauma
- Damage to one or more organs
- Internal bleeding
An injury that proves to be serious can affect your life in several ways. You may face physical pain and limitations for the foreseeable future, may develop mental health complications (such as depression or anxiety), and could experience an overall decline in your quality of life.
Recovering Compensation Through a Wrongful Death Claim
Rather than being injured yourself, you may be acting on behalf of an injured loved one or representing your family after a loved one’s passing. If you have lost a loved one because of a motorist who was texting while driving, then you may receive compensation for your losses.
When a loved one passes, your losses could include:
- The cost of their funeral
- The cost of their accident-related medical expenses
- Pain and suffering
- Loss of parental guidance
- Loss of spousal comfort and companionship
- Loss of the decedent’s income
Your lawyer will do everything in their power to secure financial coverage for the losses stemming from a texting while driving accident.
Your Legal Team Will Guide Your Case to Completion
When you hire a lawyer, you can expect them to handle your case to completion. This means that they will take every necessary step to secure an insurance settlement or court award.
To promote your case’s success, your lawyer will:
- Gather evidence of the accident and your damages
- Determine who owes you compensation
- Determine how much compensation the responsible parties owe you
- Complete all administrative aspects of your lawsuit
- Negotiate a settlement
- File your lawsuit in court, if necessary
Your lawyer will also provide you with routine updates regarding your case’s development.
The Strong Arm Is Here for You
Call Loncar Lyon Jenkins today at (877) 239-4878. During a free consultation, we can provide greater detail about how an Arlington texting while driving accident lawyer could serve your legal interests.