Texting while driving may seem like an innocent act to some, but it can lead to dangerous driver errors. Texting requires enough attention to distract any driver, regardless of years of experience behind the wheel. When accidents occur due to this distraction, the texting driver bears the responsibility for the victim’s injuries and losses.
Loncar Lyon Jenkins understands how to investigate car accidents, and we may discover that texting while driving played a part in yours. If you suffered a car accident in Beaumont, we can build a case for fair compensation and pursue the liable party through an insurance claim or personal injury lawsuit on your behalf.
Compensation for Car Accident Victims
Regardless of the specific driver error that led to your injuries, there are certain forms of compensation you can seek from the liable party, including:
- Past and future medical bills
- Lost wages and reduced earning capacity
- Pain and suffering, both physical and emotional
- Loss of quality of life
If you lost a loved one due to a negligent driver who was texting before the accident occurred, you can file a wrongful death lawsuit. A financial reward may include:
- Funeral and burial expenses
- Loss of consortium
- Loss of inheritance
- Your loved one’s medical bills they accrued before passing
- Your loved one’s pain and suffering they endured before passing
Calculating your damages can be confusing, especially when it comes to non-economic losses, like pain and suffering. A lawyer from our firm knows how to evaluate all of your losses and can ensure you are not leaving any money on the table when negotiating with insurers.
How Our Lawyers Can Help You Prove Another Driver was Texting While Driving
When identifying the cause of an accident and the liable party, you may feel baffled about where to start. If you suspect the other driver was negligent, you will need to collect evidence to establish their liability.
You may have actually seen the other driver texting when the accident occurred, but you will still have to provide this evidence to win your case. You can enlist the help of a lawyer from our firm serving Beaumont to prove it. We may employ various methods to help you get to the bottom of the accident.
We can review the:
Traffic Cameras at Intersections
One of the ways our law firm can help you gather information is by requesting the footage of a traffic camera if there was one operating near your accident. A video may show the other driver on their phone, and we can use this as evidence of their negligence.
Sometimes, a police report will contain information from the interviews of the involved parties that allows us to determine liability. If the other party admitted to looking down at their phone to send a text when they rear-ended you, an official documentation of this statement will go a long way when making an insurance claim or lawsuit.
Defining Distracted Driving
Various studies have documented the gravity of distracted driving. The Centers for Disease Control and Prevention (CDC) notes that a distracted driver is any motorist who takes their eyes off the road, hands off the wheel, or mind off of their performance. Obviously, texting and driving involves all three of these risky behaviors.
Additional research into this form of distraction reveals that it is particularly dangerous, though. Most people understand that talking on the phone, eating, or changing the radio station can all lead to accidents, but they may not be aware of the increased risks texting while driving poses.
Texting and Driving
Texting while driving poses calculable risks due to the nature of computer-mediated communication. Reading and writing messages occupy enough mental faculties to affect a driver’s performance, even if it doesn’t feel like it does.
According to Traffic Injury Prevention, the cognitive effects of texting linger after a person has received or sent a text. The brain remains preoccupied with the communication long enough to decrease a driver’s control over their steering and speed.
The study found that this decrease in control is even more pronounced when a driver is texting than when they are simply talking on their cell phone.
Time for Legal Action is Limited
After a car accident in Beaumont, you will want to act on your claim or lawsuit as soon as possible. Under Texas Civil Practice and Remedies Code § 16.003, you only have two years from the date of the accident to file a lawsuit if you cannot achieve a fair settlement from an insurance claim.
Keep in mind that negotiations with insurers take time. The sooner you call us, the sooner we can start working on your case.
Work with a Beaumont Lawyer from Loncar Lyon Jenkins
Your injuries may keep you preoccupied after your accident, but you do not have to pursue the legal process alone. Work with our lawyers so that you can focus on your physical recovery.
We can handle your case from start to finish, and we offer free consultations to help you determine where you stand. Call Loncar Lyon Jenkins at (877) 239-4878 to discuss the details of your accident with a representative from our team.