No, Texas is not a no-fault state. Instead, Texas holds the at-fault driver legally responsible for causing a car accident. According to Texas’s modified comparative negligence system, to be held liable, you must be at least 51% at fault for an accident. Since Texas is an at-fault accident state, it can be easier for victims of distracted driving to receive compensation, as you can file a claim against an at-fault driver and are not limited by insurance limits.
San Marcos Distracted Driving Accident Lawyer
Distracted Driving Accident Attorney in San Marcos, TX
Distracted driving can lead to devastating injuries, emotional trauma, and property damage. When a driver’s distraction inevitably causes harm, it can be difficult to recover. A San Marcos distracted driving accident lawyer can help you file a claim against the driver and pursue compensation.
With over 23 years of experience representing thousands of victims and their families, The Stewart Law Firm can guide you throughout the filing of a distracted driving accident claim. Our attorneys know that filing a claim can be stressful, but their compassionate assistance and knowledge of Texas’s distracted driving accident laws can help you feel at ease during this process.
Understanding Distracted Driving Accidents in Texas
Distracted driving comes in many forms, but it can always lead to dangerous conditions for the distracted driver and others on the road. Whether someone is checking their phone while in traffic on I-35 or students texting and driving near Texas State University, distracted driving is dangerous, but not uncommon. In Texas, distracted driving causes one in five crashes and about 400 traffic fatalities each year.
Common distractions include messaging or calling on cell phones, eating or drinking, or being distracted by other passengers or pets. Cell phone use specifically is banned under Texas’s Transportation Code. Distracted driving accident laws do carry penalties for offenders, but these penalties are often too late to prevent catastrophic accidents.
Compensation for a Distracted Driving Accident Claim
Compensation is often included in claims because it can help you recover from the damages the distracted driving accident caused. The amount of compensation varies depending on the details of your case, but your car accident lawyer can evaluate your damages to ensure thorough and fair compensation. Some factors that can increase the amount of compensation you receive are:
- Medical costs. Injuries caused by a car accident are often severe, sometimes requiring intensive treatment, medication, hospital stays, and ongoing medical support. The cost of medical bills, medications, therapies, and other costs of your physical recovery can be included in your compensation.
- Lost wages. Many victims of distracted driving miss work during their recovery due to injuries or ongoing treatment. Missing wages can cause financial hardship and limit your ability to afford costs in your recovery. Injuries can be life-changing and may limit your earning potential. Compensation can make up for missing income or income changes.
- Auto damage. Car repairs or even replacements are often needed after an accident. If your vehicle was damaged, you are likely facing hundreds to tens of thousands of dollars in repairs. Receiving compensation can allow you to repair or replace your vehicle.
- Property damage. Personal property is often damaged during a crash, even beyond just your car. A bicycle, clothing, glasses, or personal electronics may all be damaged during a car accident. Compensation often covers the cost to repair or replace these items.
- Pain and emotional distress. While physical and emotional suffering may be difficult to put a price tag on, they are often significant damages in distracted driving accidents. Your lawyer can help you receive compensation for the physical pain and emotional distress that the crash caused.
Why Hire a Distracted Driving Accident Lawyer in San Marcos, TX
A distracted driving lawyer can manage the legal processes in filing a claim and building a strong claim while you recover. A lawyer can:
- Gather evidence from the accident or police investigation
- Explain Texas’s distracted driving accident laws
- Consult with other professionals whose skills can be used to prove fault, such as accident reconstructionists
- Ensure paperwork is filed accurately and within time limits
- Calculate the damages you have suffered
- Negotiate for increased compensation
FAQs
Speak With a San Marcos Distracted Driving Accident Attorney Today
If you or a family member has suffered from a distracted driving accident, you may feel overwhelmed when considering filing a claim. With The Stewart Law Firm, you can focus on recovery while our attorneys in San Marcos, TX provide legal guidance through each step of this process.
Contact us today for a free consultation where you can learn how experienced legal representation can help you receive the compensation you deserve and pursue justice and accountability from the at-fault driver.
