Taking your eyes off the road to text while driving can end in disaster. If you or a loved one has fallen victim to a texting while driving accident in Tyler, TX, a lawyer from Loncar Lyon Jenkins can be your legal champion. We can fight for your right to compensation for your injuries and losses.
We Can Compile Evidence to Prove Your Case
It is difficult to prove that the other driver was texting and driving even if you caught them in the act. Your testimony is important, but it won’t completely do the job of convincing the insurance company or a jury that the other party is at fault.
Your lawyer can use their resources to confirm that the other driver was texting and driving. These methods include:
- Phone records
- Eyewitness testimony
- Traffic camera footage
- The accident report
Your Lawyer Can be Your Aid During this Trying Time
In addition to collecting evidence and identifying negligence, your lawyer can serve you in other ways, such as:
- Taking over communication with the other party’s representatives
- Negotiating a settlement on your behalf
- Litigating your case at trial
- Notifying you of any changes in your case
We can provide all these services and others on a contingency-fee arrangement, so we won’t charge you any starter fees, retainers, or upfront costs. Instead, we’ll take our payment out of your settlement or court award. This payment will be based on a percentage we will agree upon once we start working together. Don’t worry about paying us if we don’t win your case: we won’t charge you.
For a free legal consultation with a texting while driving accidents lawyer serving Tyler, call 800-777-7777
You Can Recover Your Injuries and Losses
How much compensation you can receive will depend on the nature of your injuries, the severity of the accident, your medical treatment and prognosis, and your overall quality of life. After looking at how your case has affected you, your lawyer can evaluate how each loss has affected your life financially and non-financially. You might be able to recover damages, such as:
- Medical expenses
- Lost wages
- Future lost earning potential
- Property damage
- Pain and suffering
- Mental anguish
- Loss of quality of life
- Scarring and disfigurement
Wrongful Death Damages
According to the Centers for Disease Control and Prevention (CDC), approximately 3,000 people die every year from distracted driving accidents, including accidents stemming from texting and driving. If your loved one lost their life in this kind of accident, you could recover costs related to their death, such as:
- Their funeral service
- Floral arrangements
- Burial plot
- Medical bills
- Pain and suffering
- Your loss of financial support
- Your loss of consortium, moral support, and affection
Note that you might be eligible to collect damages that aren’t listed here.
Tyler Texting While Driving Accident Lawyer Near Me 800-777-7777
If You Are Partially at Fault for the Accident
The State of Texas follows a modified comparative negligence law, according to Texas Civil Practice and Remedies Code § 33.001. It explains that if you hold no more than 50 percent of the blame, you are still eligible for compensation. The only thing is that your total awards will be reduced based on your percentage of fault.
Even if the other driver was texting and driving, you might have been traveling over the speed limit, contributing to the accident. The court might assign you 40% fault and the other driver 60%. In that case, if you had the right to $100,000 of compensation, you will only receive $60,000.
Note that if you bear more than 51% of the responsibility for the accident, you will not be allowed to recover your damages. Whatever the case, your lawyer can help prove that you hold little to no responsibility for the accident, so you can get the financial recovery you need to get back to normal.
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Following State-Mandated Time Limits is Crucial
After suffering injuries or losing a loved one in a texting while driving accident in Tyler, TX, you only have a certain amount of time to bring a lawsuit against the liable party. Your lawyer can help you comply with the deadline if you notify our firm soon enough.
Texas Civil Practice and Remedies Code § 16.003 generally permits claimants two years to file their case. Unless your case has special circumstances, like if a minor was harmed, then you will be barred from pursuing financial recovery if you wait too long to take civil action.
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What You Can Do to Help Your Case
The aftermath of any car accident can be a very confusing time, and the do’s and don’ts might be unclear.
To help protect your rights, we recommend you do the following:
Don’t Post on Social Media
After your accident, we understand that you want to tell your family and friends about it and warn them about the dangers of texting and driving. It’s okay to inform them about this incident, but make sure you do it privately and verbally.
The other party’s insurance company can find anything you post on social media about it and can twist it to meet their narrative. Even an innocent post of a fun day in the city can be used against you, as they can say you’re not as hurt as you claim.
Keep a Personal Record of Your Recovery
We recommend that you keep a daily log of:
- Your pain levels
- Your mood
- Any doctor’s appointments you attended
- What you did during the day
Be as specific and thorough as possible in these entries, as they can back up your claim about how the accident has affected your life.
Bring in the Strong Arm at Loncar Lyon Jenkins
Since 1988, our lawyers have strived to get the most favorable outcome for each of our clients. After your texting while driving accident in Tyler, our lawyers want to do the same for you.
To get started with a free case review, reach out to us at (800) 777-7777 today.