Distracted driving is a leading cause of traffic accidents in Texas. When a distracted driver crashes into you, a distracted driving accident lawyer can fight for fair financial compensation using the personal injury claim process.
Texas law gives you the right to pursue compensation for losses caused by a driver’s negligence. The attorneys at Hernandez Sunosky LLP have over 40 years of combined legal experience representing accident victims against negligent drivers and their insurers. Contact us to learn how we can help you with your case.
Distracted Driving in Texas
According to the State of Texas, distracted drivers in Harris County caused 11,496 traffic crashes in 2022. These crashes resulted in 27 fatalities and over 4,500 injuries to pedestrians, cyclists, and fellow motorists.
These crashes are frustrating for accident victims because they are largely preventable. Distractions include any activity that takes a driver’s eyes, hands, or mind away from the task of driving safely. When a driver fails to devote their full physical and mental abilities to driving, they often cannot identify and react to road or traffic hazards in time to avoid a collision.
Some common causes of distracted driving accidents include the following:
- Eating or drinking
- Searching or reaching for something inside the vehicle
- Adjusting the sound system
- Talking to passengers
- Texting or messaging on a phone
- Looking at something outside the vehicle, like a car accident
One of the most common sources of distractions comes from smartphones. Reading, watching videos, texting or messaging, and talking on cell phones can essentially leave the vehicle driverless. At a modest speed of 35 miles per hour, a vehicle travels over 50 feet every second.
A distracted driving accident can leave you with serious injuries. You might have even lost a loved one in a crash caused by a distracted driver. A car accident attorney has the experience and knowledge to help you prove that distracted driving caused the crash.
Proving Liability for Distracted Driving Crashes
You can pursue injury compensation when your crash resulted from another driver’s negligence. All drivers have a legal duty to exercise reasonable care while on the road. When the driver’s actions create an unreasonable risk of injury, they are liable for any reasonably foreseeable injuries their actions cause.
A car accident attorney must gather evidence to prove a driver was distracted during the accident. This evidence can include:
- Witness testimony
- Video of the crash from traffic or security cameras
- The distracted driver’s admissions
- Physical evidence from the scene, such as a lack of skid marks
Your attorney can also hire an expert witness to reconstruct the accident. Unlike eyewitnesses, expert witnesses can express opinions during their testimony. These opinions must come from an accepted scientific or engineering analysis. Expert witnesses can give a claims adjuster or jury valuable insight into what probably happened before and during the crash.
The Process for Distracted Driving Injury Claims
Texas uses a fault-based insurance system. Every vehicle owner must buy liability insurance to protect accident victims injured by the vehicle’s driver. After a crash, injured motorists, pedestrians, and cyclists file insurance claims against the at-fault driver’s liability policy.
Your lawyer will prepare a claim after discussing with you your accident and the resulting injuries. They will gather documents to support your claim, like medical records and the accident report, and provide that information to the insurer handling your claim.
Adjusters investigate an insurance company’s claims. This investigation often involves talking to the policyholder and reviewing the documents you provided. Based on this investigation, the adjuster must accept, deny, or partially deny your claim.
If the adjuster accepts the claim, your attorney will negotiate with them to settle your case. This settlement can compensate you for your economic and non-economic losses.
Economic losses cover the financial costs of your injury, including medical expenses and lost income. Non-economic losses cover the impact of your injuries on your quality and enjoyment of life. Examples of these losses include pain, suffering, and disability.
The attorneys at Hernandez Sunosky LLP negotiate aggressively to get a fair offer based on your injuries. We do this by tailoring a negotiating strategy to the particular facts of your case and the losses you suffered.
Distracted Driving Lawsuits
If the insurer denies the claim in whole or in part, your lawyer will submit additional evidence and legal arguments to try to overcome the denial. If the adjuster persists in the denial, your attorney may recommend filing a lawsuit.
Most lawsuits result in a settlement. This settlement typically involves a payment to you in exchange for a release of your legal claims and a dismissal of the lawsuit. Insurers do not like to pay lawyers to fight lawsuits they cannot win.
Our attorneys work tirelessly throughout litigation to try to settle your case fairly. But if the insurer refuses to settle, we stand ready to take your case to trial.
Contact a Houston Distracted Driving Accident Lawyer Today
Your injuries from a distracted driving crash in Houston can cause pain and temporary or permanent disabilities. These injuries can have both financial and human costs. Our attorneys at Hernandez Sunosky LLP have extensive experience handling distracted driving cases. Contact us for a free consultation to discuss your accident and learn how we can help with your case.
Based in Kingwood, Hernandez Sunosky LLP serves clients in Houston, Atascocita, Humble, New Caney, Porter, Pearland, and across Texas. Our experienced personal injury attorneys are here to support you in your time of need, providing the legal expertise and guidance you require to seek justice and compensation.