As Featured In
A large number of traffic accidents happen because of distracted driving. According to the National Highway Traffic Safety Administration, 3,241 people were killed because of distracted driving in 2020. It is extremely dangerous for drivers to become distracted because they could easily cause a severe accident.
Fortunately, victims of distracted driving accidents can hold negligent drivers liable for their injuries and other damages. Costs stemming from distracted driving accidents can go beyond medical expenses and lost wages. However, recovering damages for a distracted driving accident is not always straightforward. A Fort Worth personal injury lawyer can assist victims in building their cases.
If you or a loved one has been injured in a Fort Worth distracted driving accident, contact our experienced Fort Worth distracted driving accident lawyers today by calling The Queenan Law Firm at (817) 476-1797 for a free case review.
Types of Distracted Driving in Fort Worth
Distracted driving involves any activity that diverts the driver’s attention away from the road. Generally speaking, the three main types of distractions while driving are visual distraction, manual distraction, and cognitive distraction. Visual distraction involves a driver taking their eyes off the road while manual distraction involves a driver taking their hands off the wheel. Cognitive distraction, on the other hand, occurs when a driver takes their mind off the task of driving.
Texting and driving is one of the most common and also most dangerous forms of distracted driving. That is because texting and driving involves all three types of distraction: while texting, a driver is not looking at the road, has at least one hand off the wheel, and is not focused on the task of driving. As such, texting and driving is illegal throughout the State of Texas. However, it is certainly not the only common form of distracted driving, as all of the following types of distracted driving might also occur in Fort Worth:
- Adjusting music or controls
- Using a GPS
- Eating and drinking
- Talking to people in the vehicle
- Applying makeup
- Managing children or pets
Drivers have a duty to exercise reasonable care and follow the rules of the road. This incorporates an obligation to keep their attention on the road while driving. Accordingly, victims of distracted driving accidents may seek compensation for their injuries. Those who have suffered an accident because of a distracted driver can contact our Forth Worth distracted driving accident lawyers for help building a case.
What to Do After a Distracted Driving Accident in Fort Worth
The moments after a car accident are hectic and stressful. The first order of business is ensuring that any parties that require immediate medical attention are tended to. Victims of distracted driving accidents in Fort Worth should call 911 as soon as possible after the accident. The dispatcher will be able to send an ambulance if necessary. Furthermore, it is important for a police officer to draft an accident report..
After the authorities have been contacted, victims of distracted driving accidents in Fort Worth should retrieve contact information for all parties involved in the accident. This information includes their names, addresses, license plate numbers, phone numbers, and email addresses.
Additionally, the insurance information for all parties to the accident should be recorded. After retrieving other parties’ information, victims should call their lawyer to discuss filing a third party claim with the other driver’s insurance company and, if that fails, a lawsuit.. Different insurance companies may have varying deadlines for filing a claim.
Statements provided by witnesses to distracted driving accidents may also help your case. Proving another driver was using their phone could be pivotal in a distracted driving case. Witness statements can help establish that another driver was on their phone or otherwise distracted. Lastly, victims to distracted driving accidents may strengthen their case by taking photos of the crash scene.
All of these steps can be taken to help plaintiffs in distracted driving cases. Also, it is possible to obtain subpoenas for cellular records in distracted driving cases. Cellular records can be viewed to check the timestamps of messages and location data to prove that the driver was texting. Victims of distracted driving accidents in Fort Worth should contact our Fort Worth distracted driving accident lawyers for help subpoenaing records.
Fighting the Insurance Company After a Fort Worth Distracted Driving Accident
Insurance companies will do everything in their power to reduce the value of your claim. They will often hire doctors, lawyers, and private investigators to minimize the damages awarded to in Fort Worth distracted driving accident cases. Furthermore, insurance companies may use pressure and intimidation tactics to get injured parties to take low settlement offers.
Distracted driving lawsuits can be difficult to navigate without the assistance of an attorney. Our Fort Worth distracted driving accident lawyers can help fight insurance companies and resolve disputes in your case. Additionally, an experienced Fort Worth distracted driving accident lawyer can negotiate with insurance companies to keep victims from settling cases for less than they are worth.
Statute of Limitations for Fort Worth Distracted Driving Lawsuits
The statute of limitations sets time limits for plaintiffs to file their claims. In Fort Worth, distracted driving accidents are governed by a two-year statute of limitations. This means that victims of distracted driving accidents typically have two years from the date of their accident to file a claim. However, witnesses can forget crucial details, important records can be lost, and your memory of an accident can deteriorate. It may be valuable for victims to distracted driving accidents to contact a Fort Worth personal injury lawyer as soon as possible after their accident. Our attorneys can begin gathering evidence immediately and assist you on your road to recovery.
If You Have Been Injured in A Fort Worth Distracted Driving Accident, Our Lawyers Can Help
If you were a victim to a Fort Worth distracted driving accident, get help recovering the compensation you deserve by calling The Queenan Law Firm at (817) 476-1797 for a free case review.