According to the Texas Department of Transportation (TxDOT), it is illegal for drivers to text while driving. We can help you seek compensation from the distracted driver who caused your accident.
Our texting while driving accident lawyers will represent your interests in an insurance claim or lawsuit, ensuring that your losses are accounted for and helping you fight for the best possible outcome. We also work based on contingency, so it costs nothing to get started with your McAllen injury case.
Recoverable Damages in Car Accident Cases
If a driver was negligent and caused your accident because they were texting, you could seek the following forms of damages:
These losses are more intangible and can be complicated to calculate. However, we can help you put a dollar value on these damages and pursue compensation for:
- Pain and suffering, reflecting the degree of your physical pain and other difficulties
- Physical disfigurement, which can help compensate you for permanent changes to your appearance after your injuries
- Mental and emotional distress, if you are left with depression or other emotional challenges after the accident
- Medical bills, including your emergency room visit, any hospitalizations, surgeries, visits to a doctor, medications, physical therapy, and more
- Income losses, if the injury has affected your ability to earn your normal wages
- Property damage for any necessary repair or replacement of your car
Keep in mind that when we determine the value of your case, we can consider your past, present, and future losses.
This means that if your accident-related injuries are going to keep you from working in the future or require ongoing treatments, we can factor all of those costs and losses into the amount we demand from an insurer.
If You Lost a Loved One in a Texting While Driving Accident
For those who lost a loved one in an accident, we can provide compassionate representation through a wrongful death case.
We will listen to understand how the passing of your loved one has affected your family. Then, we can represent your interests in a claim or lawsuit so that you don’t have to worry about legal details when you’re dealing with the aftermath of a loss.
A wrongful death lawyer can help you seek a recovery for the financial contribution your loved one would have provided you, services they would have provided you, and more. We can also help you recover compensation for funeral and burial expenses as well as your loved one’s medical expenses.
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Frequently Asked Questions for Texting While Driving Cases
We know that you may have many questions after your accident. We can guide you through every step of your case and help you understand more about the following:
Can You Sue Someone for Texting While Driving?
If someone caused your accident, you could file a lawsuit for damages. However, we will typically begin your case as an insurance claim. Then:
- The insurance company may agree to the settlement amount we asked for
- The insurer may eventually agree to a fair settlement after negotiations
- We may have to take your case to court and file suit if we can’t reach a fair offer
One of the reasons why we don’t recommend jumping straight into a lawsuit is that a civil court case can simply take longer—and this means a longer time until you receive the check that you need.
In many cases, we can seek a satisfactory settlement through negotiations. However, in the event that we will proceed with a suit, we will need to work within the state’s statute of limitations (per Texas Civil Practice and Remedies Code § 16.003). This means that you can protect all your legal options by getting started on your case early.
How Can You Prove That Another Driver Was Texting While Driving?
If a driver was ticketed for texting while driving, this is an excellent piece of evidence that can be used in your personal injury case.
However, if they were not ticketed, it can be trickier to prove that another driver was texting while driving. For instance, without evidence that the driver was texting, the insurance company may try to challenge or deny your claim altogether.
If this is your situation, we can help you explore other options:
- We will scour for other forms of evidence available at the scene. We can seek out the other driver’s phone records, search for traffic camera footage, and eyewitness statements.
- Other forms of negligent driving could also be used against the driver. For instance, if they were ticketed for reckless driving or improper lane changes, then we can also use this as evidence in your case.
Even if the driver wasn’t ticketed, we don’t recommend that you dismiss your case’s potential for success before seeking out a case review from our team. After a texting while driving accident, our lawyers serving McAllen may be able to help.
Can I Afford a Lawyer for My Case?
With many accident-related expenses on your plate, you may wonder how you can afford legal representation. However, we work based on contingency fees. This means that:
- You don’t have to pay anything upfront
- We only receive payment when and if we win your case
- There is no risk to you
You don’t have to be concerned about the cost of attorney’s fees. You can call in the Strong Arm for help.
Why Choose Loncar Lyon Jenkins?
At Loncar Lyon Jenkins, we represent over 7,000 clients in Texas. Our commitment to our clients means that:
- We will travel to you in McAllen if necessary, meeting accident victims in any city or town in the state.
- We can help you 24 hours a day, seven days a week.
- You can talk to us about car accident cases, wrongful death cases, and other vehicle accident cases.
- We don’t require any upfront fees to get started with your case.
Call us today for your free consultation and to learn more about how our lawyers can assist you with your McAllen texting while driving case: (877) 239-4878.