Negligent driving is one of the most common causes of motor vehicle accidents across Irving. Negligent driving can take many forms, but texting while driving is one of the more devastating types of unsafe driving practices.
If you or someone you loved suffered critical injuries in a texting while driving accident, but you do not know where to turn for help, reach out to a compassionate Irving texting while driving accident lawyer at Loncar Lyon Jenkins today. Schedule a free consultation and find out how much you could be awarded for your damages.
What Are Your Legal Options After Being Hit by a Distracted Driver in Irving?
Any car accident in which you suffer injuries is highly frustrating, but when you later learn that it would have been easy for the other driver to avoid causing the accident, your frustration increases significantly.
When another driver is texting while driving, it is an illegal act in Texas that places other drivers on the roads in danger. Therefore, the other driver is showing negligence by violating the law, meaning you are eligible to file a personal injury claim.
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How Insurance Claims Work Following an Accident Caused by a Texting Driver
When you are involved in a motor vehicle accident in Irving, you may be wondering how to hold the liable party accountable. The most common way to ensure the at-fault party is brought to justice is by filing a claim with the insurance company. Texas is a fault state for auto insurance and car accident purposes. This means when you are involved in an accident caused by a texting driver, you will file a claim with the liable party’s insurance provider.
It is important to keep in mind that dealing with the insurance company will not be easy. They will likely be looking for every opportunity to reduce or deny you the benefits that are rightfully yours. Your texting while driving accident attorney will step in and handle negotiations on your behalf so you can avoid being taken advantage of during this challenging time in your life.
Awards We Can Seek for Your Damages After an Accident in Irving
When you hire a texting while driving accident attorney, we will use our experience in handling personal injury cases to work hard to help you receive the compensation you deserve, including reimbursement for:
- Medical bills
- Wages you could not earn while recovering
- Rehabilitation and physical therapy
In addition, we will fight to help you receive awards for future medical costs, future lost wages, and compensation for pain, suffering, emotional trauma, and reduction in your quality of life.
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Your Injuries Can Affect Your Potential Compensation
Some of the most important factors that control the amount a victim could receive after a texting and driving car accident include:
- Level of your injuries: Someone who must spend several days or longer in the hospital after the crash or who must undergo multiple surgeries will have a chance at a greater award than someone who needed minimal emergency care.
- Missing work: Someone who must miss weeks or months of work can receive a larger settlement than someone who only missed a few days of work.
- Quality of life: Someone who is facing a reduced quality of life for years to come will want this loss reflected in the compensation they seek.
We will take all of your economic and non-economic losses into account when determining what fair compensation looks like in your case.
We Can Help You Calculate Fair Compensation
If the insurance company for the driver who was texting before hitting you calls and admits fault for their client, you might think the case will be easy.
However, assigning fault in the crash is only part of the battle. Next, you and your texting while driving accident attorney must prove the extent of your losses to argue for fair compensation. We can prove your damages and calculate fair compensation by:
- Determining the level of your injuries
- Determining what kind of effect these injuries will have on your life
- Estimating whether you will struggle to work in the future
- Estimating the level of ongoing pain and suffering you may have
We Will Work to Prove That a Negligent Act Occurred, Causing Your Accident
To have a chance to win your personal injury claim against the driver who was texting, we will work with you to prove negligence. Without proof of negligent behavior on the other driver’s part, a significant reduction in your settlement amount can occur.
Sometimes, the other driver will admit to police officers investigating the crash that they were texting just before the wreck. Again, this is a key piece of evidence that we will use in your case to help you receive the largest possible settlement.
If the other driver refuses to admit fault or use of a smartphone before the crash, we will investigate to show that the other driver is at fault. We can interview witnesses, look at any video footage, and work with police to receive smartphone records for the other driver to show what happened.
How Texas Shared Fault Laws Could Affect Your Injury Settlement
Texas follows a modified comparative negligence system with a 50% threshold. More commonly referred to as proportionate responsibility, your injury settlement could be affected if you are partially at fault for causing your injuries, despite your accident being caused by someone who was texting while driving.
If you were speeding, failed to wear a seatbelt, or were otherwise engaged in some type of unsafe driving, and the defense can prove it, your settlement could be reduced in proportion to your percentage of fault.
For example, if you were found 30% responsible for your injuries, you could expect to recover only 70% of your injury settlement. Your attorney will carefully evaluate the evidence in your case to ensure no unwarranted blame for the accident is placed on you.
We Do Not Back Down to Insurance Companies
A frustrating task for victims of car accidents is dealing with the insurance company for the other driver. Very few victims of car crashes have gone through this process before, so they do not have experience battling against insurers.
The insurance company representative may contact you after the crash, telling you they are trying to help you win the best possible settlement. However, this is not the case. The insurance representative works for the insurance company, not you.
Our legal team knows how important it is for the insurance company to hear your side of the story. Allowing the insurer to ignore your concerns is not an option. We will make them listen. If they refuse to consider your concerns during the negotiation phase, we will stand by your side during trial.
Texas Law Limits Your Time to File a Lawsuit Against the Negligent Driver
Are you ready to move forward with your texting while driving accident claim in Irving? If so, you need to take action quickly. The statute of limitations for claims of this nature is only two years. If your lawsuit is not filed before the statute of limitations runs out, you will no longer have the chance to have your case heard by the Irving civil court system.
Contact an Irving Texting While Driving Accident Attorney for Help Today
As an Irving lawyer works on your case, you can be free to focus on your physical recovery and spend time with your loved ones. We do not let insurers bully us. Instead, we stand up for your rights.
Contact Loncar Lyon Jenkins today for a free case review and to start the process of pursuing compensation. Our texting while driving accident lawyers help parties who suffered injuries in a crash and the loved ones of a victim who was fatally injured.