Fort Worth Distracted Driving Accident Lawyers

Distracted driving has been on the rise in our country for some time. The proliferation of smartphones has greatly increased this phenomenon and, as a result, car accidents actually increased in the early 2020s after a long-term decline. Ownership of a cell phone does not alleviate an individual’s responsibility to drive safely. As a result, when a victim has been in a car accident, which is caused by another’s distracted driving, then they may be able to receive compensation. Noteboom – The Law Firm handles Fort Worth area auto accident cases which involve this type of conduct. If you or a loved one are in need of assistance then contact us today to speak with a personal injury lawyer.

Fort Worth car accident lawyers handling cases involving texting or other conduct which distracts drivers

Texas requires that individuals use reasonable care when operating a car. Unfortunately, many individuals prioritize their digital devices or entertainment over the safety of others. Common examples of distracted driving, which results in a car accident, include:

• Texting while driving
• Talking on a cell phone
• Taking selfies or other photos
• Watching videos on a phone
• Adjusting the radio while driving
• Eating while operating a car
• Paying attention to something other than the road

Individuals who engage in this type of conduct will seldom admit it after they have been cited for an accident. Proving that an individual was engaging in distracted driving, however, can be important to establishing liability.

Texas’ comparative fault laws can make it vital to establish that the defendant in a car accident case was engaging in distracted driving. Under our state’s laws, a victim’s compensation can be reduced by any extent to which they are deemed partially responsible for the accident. For obvious reasons, establishing that a defendant was not focusing on the road can increase their share of the fault. This, in turn, can increase the amount of compensation which a victim will receive through a settlement or at trial. There are several forms of evidence which can be obtained to establish that the defendant was not paying attention to the road. Such evidence includes:

• Cell phone records
• Social media information
• Access/login information for online services
• Email records

An experienced attorney will be able to obtain such information as part of handling a case.

The first thing one should generally do after any auto wreck is seek immediate medical care. It is then important to contact an attorney as soon as possible. Counsel will contact the defendant’s insurance carrier and deal with them directly. Once the victim’s damages are ascertained then a settlement demand will be sent to the insurance carrier. If the two sides cannot agree on a settlement then the victim’s attorney will file a lawsuit on their behalf. A Plaintiff’s attorney can then engage in a process known as discovery so that they may obtain the type of information needed to prove that the defendant was driving while distracted. Establishing such proof may very well spur an insurance carrier to settle if they are not willing to do so. If the case cannot be settled then the matter will proceed to trial. The process of obtaining evidence is highly complicated and it is important that one retain an experienced attorney.

Noteboom – The Law Firm handles Fort Worth car accident cases which involve a distracted driver. Once retained, our on-staff investigator will obtain all available information about the incident. This can include the interviewing of witnesses, requesting camera footage, researching social media records, and more. We will immediately contact the Defendant’s insurance carrier and inform them of the representation. We will stay in contact with you while you treat with your medical providers. If a settlement cannot be reached then we are prepared to file a lawsuit on your behalf and will work diligently to see your case through to completion – we do not outsource litigation to other law firms. We are proud of the results we have obtained for those in the DFW area. If you have been injured then contact us online or by telephone to speak with a Fort Worth distracted driving lawyer.

Fort Worth car accident lawyers with the resources necessary to establish that distracted driving caused the accident

Our firm has the resources necessary to prove that the defendant in a car accident case was not paying attention to the road. It is important to remember that the process of obtaining information can be both lengthy and expensive. Also, your attorney will not be paid until you win at trial or settle. This is why we advise that one retain a firm with substantial financial and investigative resources. Our firm includes two injury attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. We also employ an on-staff investigator as opposed to relying on a third-party investigative service. We are able to handle cases against well funded insurance companies and we take pride in our track record of doing so.

In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state. Our Firm can partner with other ABOTA and TTLA members.

Frequent questions regarding distracted driving accidents

How can I prove that a defendant was engaging in distracted driving?

As mentioned above, defendants seldom admit that they were engaging in distracted driving. This is true even when they are being cited by law enforcement. Fortunately, the discovery process can be used to obtain evidence which includes the following:

• Cell phone records
• Social media history
• Activity and login history for online services and video streaming platforms
• Online photo accounts, which will include metadata showing when photos were taken
• Etc.

Given that the type of information, listed above, is often “time stamped” then it is possible to associate activity to the time of the accident.

How does distracted driving impact a Fort Worth car accident case?

Fort Worth car accident victims will be subject to Texas’ comparative fault laws. These laws mean that if one is partially responsible for an accident then their compensation will be reduced in proportion to their share of blame for the wreck. This means, for example, that if a Plaintiff is twenty percent responsible for an accident then their compensation will be reduced by twenty percent. For obvious reasons, establishing that a defendant was distracted can increase their share of fault for the wreck.

Should I call a lawyer if I was partially at fault for a car accident?

Generally, yes. Many individuals make the mistake of thinking that they have no recourse if they were at fault, or partially at fault, for an accident. These same people can be surprised, however, that they can recover damages even if they were partially to blame.