According to the National Highway Transportation Safety Administration (NHTSA) and the data it has collected in recent years, around 660,000 motorists across the country will use a smartphone while driving each day. The negligence of these many drivers will cause around 400,000 injuries a year and approximately 3,500 deaths. There are laws and regulations to penalize people who text and drive, but it does not guarantee any sort of restitution to the people hurt by distracted drivers. In order to find compensation, someone injured by a texting motorist will need to seek it through a personal injury claim.
At Erskine & McMahon, LLP, we proudly represent the wrongfully injured in all types of car accident cases, including those caused by texting drivers. If you or someone you love was hurt by a distracted driver, call us right away at (903) 500-2490 to tell our Longview personal injury lawyers about what happened. During your free case evaluation, we may be able to tell you if you have a valid claim, what damages you can cite, and what to do next to begin.
Why do the people of east Texas trust in Erskine & McMahon, LLP?
Texting while driving is inherently and severely distracting, engaging the driver is three distinct forms of distraction, according to the Centers of Disease Control and Prevention (CDC). When all three of these distraction forms are experienced at once, it is virtually impossible for someone to safely operate a motor vehicle.
The three types of distraction categorized by the CDC are:
When a driver chooses to use his or her smartphone behind the wheel, he or she has essentially thrown away any mind for safety and should have any and all liability for an accident placed directly as his or her feet. Our Longview car accident attorneys will want to closely analyze your accident reports and any evidence you have to see how it can be proven that the driver that hit you was using a smartphone at the time. In doing so, we may be able to reduce your liability down to zero percent, allowing you to collect as much compensation as possible.
Call (903) 500-2490 for additional information about liability in car accidents in Texas.
In many distracted driving car accidents, the liable party will make the claim that he or she was not using a smartphone directly but instead had a hands-free device. Please take careful note if this is said by the other driver in your accident. You should also try to get it in writing, as it could be a crucial element to your subsequent claim’s success.
The NSC and other safety organizations have recently come to the conclusion that hands-free devices do not actually do anything to make texting and driving safer. This lack of safety improvement is most likely due to the fact that a driver still engages in one, two, or three forms of distraction when using a hands-free device. A driver that admits to using a hands-free device at the time of a crash could be practically admitting to full liability.
A person harmed by the negligence of distracted driver should not be held accountable for his or her own damages. The entire point of filing a personal injury claim is seeing that he or she is compensated fairly for the costly results of a collision that he or she did not cause. Our Longview car accident attorneys carefully examine the circumstances and consequences of each case we take in order to ensure that every possible form of damage is included within the claim and ultimately covered with adequate compensation.
Damages that might be relevant to your case include:
Going up against an insurance company representing a negligent, distracted driver can be a real challenge if you are not familiar with the nuances of personal injury and liability laws. The last thing you want to do while recuperating from your injuries is probably trying to learn about legalities and fight with an opposition that will do everything to give you as little as possible. You can take all of the guesswork and most of the stress out of the situation by allowing our car accident attorneys in Longview to manage your claim and act on your behalf. With us taking the reins, you can be confident that your chances of success are maximized and that your future is brighter.