Distracted driving is one of the leading causes of car accidents in Texas and throughout the United States. According to the National Highway Transportation safety administration (NHTSA), 3,142 people were killed in a distracted driving accident in 2019. Thousands of victims suffered serious injuries from distracted driving car accidents. It only takes a few seconds for one driver to look down at a text message and cause a devastating collision.
Injured in a Houston Distracted Driving Accident? We Can Help
If you and your loved one have been seriously injured in a distracted driving accident, you may be entitled to compensation for the damages caused by your injuries. You need a skilled personal injury lawyer on your side. At Ceja Law Firm PLLC, we have a proven track record of obtaining the most compensation possible for a client in distracted driving accident cases. Contact our Houston personal injury law firm today to schedule your free initial consultation and learn more about your rights.
The Dangers of Distracted Driving
Distracted driving is any activity that takes away a driver’s attention from driving. Texting is one of the most dangerous types of driver distraction. When a driver takes five seconds to read a text message, he or she can drive the length of an entire football field when traveling 55 miles per hour.
There are three main types of distracted driving. The first type is visual, which involves the driver taking his or her eyes off the road. Manual distracted driving consists of the driver taking his or her hands off the wheel. Finally, cognitive distracted driving consists of the driver taking his or her mind off driving by thinking about other things. Driving requires the driver’s full attention, and any non-driving activity increases the risk of a car accident. Examples of distracted driving include:
- Talking on a cell phone
- Texting on a cell phone or other device
- Eating and drinking
- Talking to passengers in the vehicle
- Changing stations on the stereo
- Entertainment or navigation (GPS) systems
- Gazing out the window
- Watching videos
- Reading text messages
- Looking down while driving
Texas Distracted Driving Laws
In Texas, it is illegal to send or receive electronic messages while driving. Drivers with learner’s permits cannot use cell phones for the first six months of driving. Drivers under the age of 18 are prohibited from using any handheld device while driving, and using a handheld device in a school zone while driving is illegal. When a driver violates these laws, he or she can face traffic violations. Additionally, when drivers have violated a traffic law and cause an accident, the injured victim can hold them responsible in court through a civil lawsuit.
Proving Liability in a Distracted Driving Lawsuit
Within seconds, a victim’s life can be changed forever because of a distracted driver. On the other hand, claims for compensation for distracted driving injuries are complicated. An experienced lawyer will help determine who was at fault for your injuries and help you navigate the process of obtaining compensation.
After your initial consultation with one of the personal injury lawyers at Ceja Law Firm PLLC, we will immediately begin investigating your case. The goal of our investigation will be to determine which party or parties caused your injuries. We will also gather evidence proving that the at-fault driver’s negligence caused the car accident that resulted in your injuries.
When you bring a personal injury lawsuit, you will need to use the evidence gathered to prove to the judge or jury that the alleged distracted driver was doing something other than keeping his or her eyes on the road ahead. Distracted driving is one type of negligence. Negligence is the legal concept of failure to take reasonable care to avoid causing injury or loss to another person. Texting, talking on the phone, and looking down are all forms of negligent driving that involve a driver breaching the duty of care he or she owes other drivers.
Why You Need a Skilled Houston Distracted Driving Lawyer
Proving that the other driver’s negligence caused your accident may seem straightforward, especially if you have proof the driver was texting. However, building a solid case involves many moving parts. It’s advisable to seek help from an experienced and committed car accident lawyer to help you value and file your personal injury claim. At Ceja Law Firm PLLC, we work with financial experts to help us understand all of the damages you’ve suffered due to your injuries. We have the resources and experience to obtain all of the following evidence to establish liability and damages in your Texas distracted driving lawsuit:
- Cell phone records showing text messages and calls made and received by the driver
- Police reports
- Medical reports and expenses for past and future treatment
- Photographs of the scene of the car accident
- Reports from treating physicians regarding medical treatment
- Reports from treating physicians regarding the nature and severity of injuries
- Information related to the negligent driver’s insurance company
Under Texas law, successful plaintiffs and distracted driving lawsuits are entitled to economic and non-economic damages. If you were injured due to a distracted driver’s negligence, you have a right to seek the following types of compensation:
- Past and future medical expenses
- Past and future wage losses
- Lost earning capacity
- Permanent disability or disfigurement
- Diminished quality of life
- Pain and suffering
- Emotional trauma
- Loss of consortium
Surviving family members of loved ones who died because of a distracted driver have a right to file a wrongful death lawsuit. Families can seek the damages mentioned above, as well as funeral expenses and lost income.
Contact an Experienced Distracted Driving Attorney in Houston
Distracted driving is a form of negligent driving. In Texas, victims of a car accident caused by distracted driving have a right to file a personal injury lawsuit for compensation. At Ceja Law Firm PLLC, our personal injury lawyers will give your case the attention it deserves. We will advocate assertively for your right to compensation and negotiate with the defendant for the best outcome possible. Contact us today to schedule your free initial consultation.