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, Texas, a lawyer from Loncar Lyon Jenkins can be your legal champion.
Our Tyler texting while driving accident lawyer can fight for your right to compensation for your injuries and losses.
We Can Compile Evidence To Help Prove Your Case
It can be 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 will not completely do the job of convincing the insurance company or a jury that the other party is at fault.
Your Tyler car accident attorney can use their resources to confirm that the other driver was texting and driving. These methods include:
- Eyewitness testimony
- Traffic camera footage
- Surveillance camera footage
- The accident report
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How a Texting While Driving Accident Attorney Can Help You
In addition to collecting evidence and identifying negligence, your lawyer can serve you in other ways, such as:
- Gathering crucial evidence
- 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
- Advising you of important laws that could affect your case
We can provide all these services and others on a contingency-fee basis, so we will not charge you any starter fees, retainers, or upfront costs. Instead, we will 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. So, do not worry about paying us if we do not win your case: we will not charge you.
You Can Recover Compensation for 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 texting while driving accident attorney 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 income
- Future lost earning potential
- Property damage
- Pain and suffering
- Post-traumatic stress disorder (PTSD)
- Mental anguish
- Loss of quality of life
- Scarring and disfigurement
One of our most crucial jobs as your legal counsel is to determine the amount you could seek for your case accurately.
To do so, we will consider what you have already paid in medical costs and the costs you could be facing in the future. In addition, we will work with your doctors to understand more about your prognosis and any expected surgeries, physical therapy, or ongoing care you may need.
We can also work with expert witnesses to prove the value of your non-financial losses, such as post-traumatic stress disorder (PTSD). For example, we can work to show that you received a diagnosis of PTSD, that you had to seek psychological treatment for your suffering, and your well-being has been affected by the accident.
877-239-4878Available 24/7 | 356 Days | se habla español
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:
- Loss of household services
- Pain and suffering experienced by surviving family members
- Your loss of financial support
- Your loss of consortium, moral support, and affection
Note that you might be eligible to collect damages that are not listed here.
Why Choose Our Texting While Driving Accident Lawyers for Your Case in Tyler?
When you choose the Strong Arm for your case, you choose injury lawyers who are ready to seek the best possible results for you. You also get a supportive legal team dedicated to your well-being and recovery. When you hire us, we will:
- Meet at your convenience. If you cannot travel because of your injuries, we can set up a video consultation or communicate by phone.
- Take your call 24/7. We know many people need flexible timing when they call for a free consultation. So, we are standing by day and night to help you understand your legal options.
- Pair a large firm’s resources with personalized attention. For example, we help thousands of injury victims across Texas each year. This gives us the resources to seek the results you need while helping you feel supported throughout the process.
Our Team of Personal Injury Attorneys Can Prove Negligence in Your Case
Before you can recover compensation from the liable party, we must prove they were responsible for causing the accident. We can do this by satisfying the four elements of negligence, which include:
- Duty of care: The distracted driver had a duty of care to keep you and all other road users safe. This means they should keep their eyes on the road and avoid any distractions such as texting.
- Breach of duty: The at-fault driver breached their duty of care because they were texting behind the wheel.
- Causation: The distracted driver’s negligence was the cause of the accident and the injuries you suffered as a result.
- Damages: You suffered damages like pain and suffering, lost income, and medical expenses because of the at-fault driver’s negligence.
Our personal injury lawyers are prepared to prove that you are owed compensation, even if that means representing you in a trial.
Understanding the Comparative Negligence Law in Texas
The State of Texas follows a modified comparative negligence law, according to Texas Civil Practice and Remedies Code § 33.001. It explains that you are still eligible for compensation if you hold no more than 50% of the blame. The only thing is that your total awards will be reduced based on your percentage of fault.
Even if the other driver was driving and texting, you might have been traveling over the speed limit, contributing to the accident. Therefore, 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 would 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 damages. Whatever the case, your attorney 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.
Following State-Mandated Time Limits Is Crucial
After suffering injuries or losing a loved one in a texting while driving accident in Tyler, Texas, 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 a minor being harmed, you will be barred from pursuing financial recovery if you wait too long to take civil action.
Getting started on your case as early as possible has other benefits, too. If you bring your case to our law firm right away, we will have more time to gather time-sensitive evidence. This could include surveillance footage from the accident scene and witness statements.
What You Can Do To Help Your Accident 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:
Get the Medical Care You Need
One of the most important things you can do for your case is getting all the medical attention you need. This will ensure you have the best possible chance of physical recovery. It will also protect your potential right to seek compensation.
After all, insurance companies often try to find ways of reducing your potential payout by disputing your injury claims. For example, they may say that you were not as injured as you claim or that your injuries were not related to the car accident. They could even try to argue that you made your injuries worse if you failed to abide by your doctor’s orders.
This means that you should attend any necessary follow-up appointments, take needed medications, or attend physical therapy as ordered by your doctor.
Hold Onto Any Important Evidence
After a car accident, it is good practice to hang onto any evidence that could be useful for your case. This could include:
- Your accident report: According to the City of Tyler, you could retrieve your car accident report in person or online. Your lawyer can also help you access this report if you cannot do so yourself.
- Contact information from witnesses: Eyewitness testimony could prove useful for your case later.
- Receipts for out-of-pocket expenses: Whether you paid for transportation in the absence of your vehicle or bought medical devices out-of-pocket, keep these receipts.
Do Not 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 is 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 are not as injured 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 attorneys at Loncar Lyon Jenkins have strived to get fair case outcomes for 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 today.