Distracted Driving Accident Attorney in Fort Worth
If you suffered injuries from a distracted driving accident in the Fort Worth area, The Wilhite Law Firm is here to help. Distracted driving is a growing problem in the United States, leading to thousands of fatalities and exponentially more serious injuries annually. An experienced Fort Worth distracted driving accident attorney can provide you with knowledgeable legal advice and help you demand the compensation you deserve from the person who hurt you.
One of the Best Distracted Driving Accident Lawyers in Fort Worth
At The Wilhite Law Firm, we have decades of experience advocating for those injured by someone else’s negligence. Our legal team has a proven track record of success in holding liable parties accountable and recovering significant settlements and verdicts on behalf of our clients. Contact us for a free legal consultation and tell us about what happened to you.
How Common Are Distracted Driving Accidents?
Distracted driving is a major problem in Texas and across the United States. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving killed over 3,000 people and injured another 324,000 nationwide in a recent year.
The situation is equally grim in the state of Texas. The Texas Department of Transportation (TxDOT) reports over 430 people died and nearly 3,000 suffered severe injuries in a Texas accident involving distracted driving in just one year. In addition, one in every five traffic crashes in the state was caused by a driver who was distracted while behind the wheel.
What Are the Most Common Distractions While Driving?
Driving while distracted is a leading cause of accidents, injuries, and fatalities on our roads. Some of the most common distractions while driving include:
- Texting or using a mobile phone – Texting, talking, checking email, and other cell phone activities can be major distractions while driving and are the leading causes of distracted driving accidents.
- Eating or drinking – While having a snack behind the wheel may seem harmless, it can be a deadly distraction. Even something that doesn’t take a driver’s hands off the wheel can take their focus from the task of driving.
- Adjusting vehicle settings – It may seem like a minor task, but adjusting the radio or climate control settings can be dangerous if it takes a driver’s focus away from the road.
- Applying makeup or grooming – Putting on makeup or grooming while driving is not only distracting but can also be dangerous if items are dropped onto the floor or into the driver’s lap. Motorists should wait until they have reached their destination to do their grooming or makeup.
- Looking out the window – Seeing something interesting out the window can be a tempting distraction. But looking away from the road can quickly turn hazardous.
- Talking to passengers – Conversations with passengers can be distracting if they divert a driver’s attention away from the road.
Distracted driving can have devastating consequences, so staying focused when behind the wheel is essential. If you’ve been injured due to a distracted driver, contact a Fort Worth car accident lawyer today to discuss your options.
Does Texas Have a “Hands-Free” Law?
In Texas, the “Hands-Free” law prohibits motorists from using their hands to operate cell phones while driving. However, it allows for exceptions such as:
- Making a phone call
- Playing music
- Using GPS navigation
- In emergencies
- When the vehicle is completely stopped
Specifically, the law states that drivers may not write, send, or read electronic messages while driving. Doing so can result in penalties, including a fine of $25 to $99 for a first-time offense. Drivers may face more serious punishments if they are involved in an accident while distracted. Contact one of our distracted driving accident lawyers today.
How Do You Prove Liability in a Distracted Driving Accident?
Providing liability for a distracted driving accident rests on establishing negligence or negligence per se on the other driver’s part:
- Negligence – In cases of negligence, a driver fails to exercise reasonable care while operating a vehicle, resulting in an accident and injuries.
- Negligence per se – Negligence per se is when a driver violates a safety law or regulation meant to prevent an accident from occurring, and this violation directly causes an accident and injuries. An example of this is a driver who violates the hands-free law and causes a collision.
In some cases, comparative negligence may be involved. This occurs when both parties are partially at fault for the accident. An injured driver deemed not more than 50 percent liable for an accident can pursue compensation from the other driver. However, their compensation will be reduced by the amount of fault. A qualified Fort Worth distracted driving accident lawyer can explain the specific laws in Texas and determine the best approach to take in a particular case.
What Compensation Can You Secure Through a Distracted Driving Lawsuit?
If you’ve been the victim of a distracted driving accident, you may be entitled to seek financial compensation for your losses. Depending on the severity of your injuries, the amount of compensation you can recover in a distracted driving lawsuit may include money for the following:
- Past and future medical expenses
- Lost wages and lower future income
- Pain and suffering
- Property damage
An experienced personal injury attorney in Fort Worth can review your case and determine the types of compensation for which you might be eligible.
Is There a Deadline for Filing a Lawsuit Against a Distracted Driver Accident?
In Texas, the statute of limitations to bring a civil lawsuit for a car accident is two years from the date of the collision. If you do not file your suit within two years of the incident, you risk losing your right to seek compensation. While this deadline applies only to lawsuits and not to insurance claims, it can also affect your ability to negotiate a fair settlement. After all, an insurer that cannot be forced into court is not motivated to offer the full amount you deserve.
Contact a Fort Worth Distracted Driver Accident Lawyer
If you or a loved one suffered injuries in an accident caused by a distracted driver, The Wilhite Law Firm can help you pursue the compensation you deserve. We have considerable experience dealing with these cases and will work diligently to help you secure justice. Contact us today for a free legal case review with an experienced Fort Worth accident attorney.
