How Could an Attorney Prove a Defendant Was Texting While Driving?

Every person who operates a motor vehicle on the roadways has a duty to avoid causing injuries. When an individual fails to operate a vehicle safely, and injuries occur as a result of errors or inactions, the wrongdoer may be liable for the harm that he or she caused.

An injured individual may be able to hold the at-fault driver accountable for his or her actions by filing a personal injury claim. A texting while driving car crash lawyer in Collin County may be able to assist an injured individual in gathering important documents which could support a finding of negligence. An insurance company’s claims process often involves evaluation of medical records, bills, and the accident report.

It is important to assess the strengths and weaknesses of a personal injury claim prior to negotiation. In order to determine if a settlement offer is fair, the injured individual may want to have an understanding of the value of his or her claim. If the at-fault driver violated a traffic law in connection with the auto accident, it could be an important aspect of the case. In Texas, texting while driving is prohibited. Under Texas Transportation Code § 545.4251, drivers who send or read text messages while operating their vehicle are in violation of the law. While there are exceptions to the rule, texting while driving is generally against the law unless the vehicle has come to a stop.

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What Damages are Recoverable in a Texting While Driving Auto Wreck?

There are several types of damages that injured individuals commonly claim as a result of a texting while driving auto accident. If an individual requires medical treatment for injuries sustained in the accident, they might be able to recover costs associated with physical therapy, rehabilitation, and other types of medical care. The injured person may also be able to recover lost wages if he or she had to miss work due to accident-related injuries. Emotional distress, mental anguish, and loss of the enjoyment of life may also be important considerations in a damages analysis. Consultation with a texting while driving car accident lawyer in Collin County could provide clarification regarding the types of damages which may be applicable in a specific case.

Potential Barriers to Recovery in Collin County

People injured by a motorist who was texting while driving could potentially recover a substantial damage award. However, they should be aware of two legal theories that could potentially reduce their recovery. A Collin County attorney could help someone involved in a texting and driving wreck understand the statute of limitations and modified comparative negligence.

Statute of Limitations

The statute of limitations sets a filing deadline for all people who wish to file a civil claim for damages. Under this statute, someone injured by a distracted driver has only two years from the date of the accident to bring a claim or they can lose their claim. There are some exceptions to this law, so it is important to speak with a local attorney early to see if they apply.

Modified Comparative Negligence

Any negligent actions by the claimant could potentially reduce their overall recovery. A court must look at the actions of everyone involved in the accident and assign each person a percentage of blame. The claimant’s recoverable damages would then be reduced by their percentage of fault. For instance, if they were determined to be 20 percent responsible for their accident, then they could only potentially recover up to 80 percent of their total damages.

Contact a Collin County Texting While Driving Car Accident Attorney Now

If you have been injured in a texting while driving auto accident, you might wish to reach out for assistance in handling your claim. You do not have to go through the legal process alone. Contacting a Collin County texting while driving car accident lawyer may help if you have been injured due to another person’s texting while driving.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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