Were you injured in a distracted driving accident in Houston, Texas? The de la Garza Law Group can help you understand your legal options and pursue compensation from the responsible driver. Call (713) 784-1010 today to schedule a free consultation with an experienced Houston distracted driving accident lawyer.
Distracted driving can cause a serious collision in seconds. Texting, using navigation, eating, adjusting vehicle controls, or looking away from the road for any reason can put other motorists, pedestrians, and cyclists at risk.
How Can The de la Garza Law Group Help After a Distracted Driving Accident in Houston, TX?
Proving driver distraction in Houston, TX, may require evidence such as phone records, witness statements, video footage, and vehicle data.
Our Houston car accident lawyers can:
- Investigate how the accident occurred
- Obtain police reports and available video footage
- Interview witnesses
- Seek relevant cell phone records
- Preserve vehicle and electronic crash data
- Document your injuries and financial losses
- Identify potentially liable parties
- Handle communications with insurance companies
- Negotiate for a fair settlement
- Take your case to court when necessary
The de la Garza Law Group has 46 years of combined experience and has recovered more than $50 million for clients. Contact our Houston personal injury lawyers today for a free consultation.
What Is Distracted Driving?
Distracted driving occurs when something takes a motorist’s attention away from safely operating a vehicle. Distractions may be visual, manual, cognitive, or a combination of all three.
Common examples include:
- Texting or messaging
- Talking on a cell phone
- Using social media
- Looking at a navigation system
- Eating or drinking
- Adjusting music or vehicle controls
- Reaching for objects
- Talking with passengers
Even a brief distraction can prevent a driver from noticing stopped traffic, a red light, or another roadway hazard.
Is Texting While Driving Illegal in Texas?
Yes. Texas law generally prohibits drivers from using a portable wireless communication device to read, write, or send an electronic message while operating a vehicle unless the vehicle is stopped. Certain exceptions apply.
Evidence that a driver was texting or otherwise distracted can also be relevant to determining negligence in a personal injury claim.
What Types of Accidents Can Distracted Drivers Cause?
Distracted drivers may fail to notice changing traffic conditions until it is too late to react.
These crashes may include:
- Rear-end collisions
- Intersection accidents
- Sideswipe accidents
- Head-on collisions
- Multi-vehicle crashes
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
The circumstances of the collision can provide important clues about whether distraction contributed to the accident.
How Can I Prove the Other Driver Was Distracted?
A driver may deny using a phone or engaging in another distracting activity. Investigating the accident can uncover evidence showing what happened immediately before the crash.
Potential evidence includes:
- Cell phone records
- Police reports
- Witness statements
- Surveillance or dashcam footage
- Accident scene photographs
- Vehicle data
- Admissions by the driver
A distracted driving accident attorney in Houston can help identify and preserve relevant evidence before it is lost or destroyed.
What Compensation Can I Recover After a Distracted Driving Accident?
If another driver caused your accident, you may be entitled to compensation for your financial and personal losses.
Potential damages include:
- Medical expenses
- Future medical care
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Physical impairment
- Scarring and disfigurement
- Loss of enjoyment of life
The value of your claim will depend on your injuries, financial losses, insurance coverage, and other circumstances.
How Much Does It Cost to Hire a Houston Distracted Driving Accident Lawyer?
Our law firm handles personal injury cases on a contingency fee basis. This generally means you do not pay attorney’s fees upfront. Instead, attorneys’ fees are tied to the financial recovery obtained in your case, subject to your fee agreement. However, if we fail to recover compensation for you, you will not owe us anything.
What if I Am Partly Responsible for the Accident?
Texas follows a modified comparative fault system known as proportionate responsibility. You generally cannot recover damages if you are more than 50% responsible for the accident. If you are 50% or less responsible, your compensation will be reduced according to your percentage of fault.
Insurance companies may argue that you were speeding, following too closely, or otherwise contributed to the collision. Evidence from the accident can help determine how responsibility should be allocated.
How Long Do I Have to File a Distracted Driving Accident Lawsuit in Texas?
In Texas, you generally have two years from the date a personal injury claim accrues to file a lawsuit. Certain exceptions may change the applicable deadline. A car accident lawyer in Houston can determine the deadline that applies to your case.
Contact a Houston Distracted Driving Accident Lawyer for a Free Consultation
Evidence of distracted driving can disappear quickly. Phone records, video footage, witness accounts, and vehicle data may all play a role in establishing what happened and who was responsible.
The de la Garza Law Group has recovered more than $50 million for clients. We can put our decades of experience to work investigating your crash and pursuing the compensation available under Texas law.
Contact an experienced Houston distracted driving accident lawyer today to schedule a free consultation.
