In Texas, fault is determined by evidence and given to the driver who has 51% or more of the blame for an accident. Evidence could include footage of the accident, witness testimonies, or police reports that highlight which driver is responsible for violating traffic laws. Fault may be shared between drivers, but drivers with 51% or more of the blame can have a claim filed against them for damages.
Kyle Distracted Driving Accident Lawyer
Distracted Driving Accident Attorney in Kyle, TX
If you or a family member is facing damages because of another driver’s distracted driving, you deserve justice and fair compensation. Distracted driving accidents can be disastrous, but a Kyle distracted driving accident lawyer can help you file a claim against the at-fault driver, helping you recover after an accident.
At The Stewart Law Firm, our attorneys have helped thousands of clients seek justice and secured millions of dollars in compensation. Our firm has over 23 years of experience and a deep understanding of Texas’s distracted driving accident laws. If you have been in an accident due to distracted driving, our attorneys have the knowledge and experience needed to file a strong distracted driving accident claim.
Understanding Distracted Driving Accidents
Though 95% of people report that they would feel unsafe if a driver sent emails or texts while driving, many people still do. Kyle drivers may be tempted to reach for their cell phone or eat or drink while in traffic on I-35, but this poses a serious danger, as distracted driving claims the lives of about 400 Texans each year. Common distractions include:
- Calling, texting, or otherwise using a cell phone
- Eating or drinking
- Personal grooming
- Roadside events and police traffic stops
- Passengers and pets
- Radio, navigation, AC, and other vehicle controls
Filing a distracted driving accident claim is an important step if you have suffered damages during a crash, such as physical injury or property damage. By filing a claim, you can pursue compensation to make up for the cost of your damages. You can also ensure the at-fault driver is held liable for damages.
Legal Protections for Victims of Distracted Driving Accidents
Texas’s Transportation Code provides protections for victims of car accidents and places penalties for at-fault drivers. Distracted driving accident laws protect your right to file a claim against an at-fault driver for your damages. Families who lost a loved one during a distracted driving accident can file a wrongful death claim.
Texas law also places penalties on distracted drivers. Penalties are made more severe upon repeated offenses or when they cause injury or death. For cases involving serious bodily injuries or death, the distracted driver could face a fine of up to $4,000 and up to one year in jail.
Why Hire a Distracted Driving Accident Lawyer in Kyle, TX
A car accident lawyer can help file a distracted driving accident claim through evidence and knowledge of distracted driving laws. During an investigation, a lawyer can gather evidence and build a legal strategy for your claim. To prove the distracted driver was at fault, your lawyer can analyze evidence to determine their actions. In some cases, a lawyer can prove distracted driving through cellphone records released through a subpoena or court order. Other forms of evidence are:
- Police reports
- Witness statements
- Security camera footage or dashcam footage
- GPS records
- Photos and videos from the accident
A lawyer can analyze what damages you sustained and pursue compensation to help you recover. The cost and severity of your damages influence the amount of compensation you receive. Factors that could raise compensation include:
- The cost of medical treatment. Medications, medical bills, and ongoing treatment needs are expensive, but compensation can allow you to receive the care you need.
- Property damage. Compensation can allow you to repair or replace personal property such as your vehicle, clothing, or personal electronics that were damaged during a crash.
- Lost wages. If you lost out on income while recovering from a distracted driving accident, compensation can cover the lost wages.
- Emotional distress. Suffering from a car accident extends beyond physical injuries. Emotional distress and trauma are considered when determining compensation.
- Disability or a lowered quality of life. The impact of a car accident can be life-altering. If you are facing long-term needs or are disabled, compensation can cover future costs and the damage to your quality of life.
FAQs
Contact a Kyle Distracted Driving Accident Attorney Today
Distracted driving can lead to tragic accidents. If you or a family member has suffered damages from an accident caused by a driver’s negligence, you can file a claim to receive compensation, helping you recover after a crash. Contact The Stewart Law Firm for a free consultation to learn how a Kyle distracted driving accident lawyer can bring you the justice you deserve.
