PERSONAL INJURY CASES
Distracted Driving
Distracted Driving Lawyer in Texas
Injured In An Accident By A Distracted Driver?
In Texas, distracted driving is one of the leading causes of car accidents, whether the person is texting, scrolling on their phone or just daydreaming. If you're injured and involved in a collision due to a driver's diverted attention from the road, you may have a rightful claim to substantial compensation.
Leah Wise Law Firm has the expertise and experience required to support you, and we fight for the compensation you deserve. With years of experience in securing high-value settlements, we are dedicated to fighting for our clients' rights.
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What Counts as Distracted Driving
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving involves a driver’s attention being diverted from the safe operation of a vehicle. In the broadest sense, engaging in any activity that isn’t driving can count as a form of distracted driving.
There are numerous types of distractions, which fall under three categories:
- Visual Distractions – When a driver’s eyes are focused on an object other than the road or vehicle
- Manual Distractions – Any activity that requires a driver’s hands to be removed from the steering wheel
- Cognitive Distractions
– When a driver’s thoughts are sidetracked, thinking about something other than driving
Some specific examples of distracted driving include:
- Talking on the Phone
- Texting
- Adjusting Vehicle Controls
- Tuning the Radio
- Eating or Drinking
- Using a GPS
- Browsing the Internet
- Reading or Responding to Emails
- Applying Makeup
- Talking with Other Passengers
Proving Negligence in a Distracted Driving Claim
In Texas, the framework for all personal injury claims operates under a modified comparative fault system. According to these laws, you must be less than 50% at fault to pursue a claim against a distracted driver. Moreover, your percentage of fault directly influences the amount of compensation you can recover. For instance, if you were deemed 25% at fault, a $100,000 damage award would be reduced to $75,000.
The responsibility of proving the claim rests on the individual filing it. To secure compensation for your losses, you must substantiate that the other person's negligence was the cause of the accident.
Establishing negligence in a case involving a distracted driver necessitates demonstrating:
- The driver had a duty of care to operate their vehicle safely.
- The driver failed to fulfill this duty.
- You suffered a verifiable injury as a direct result of the accident.
- The driver's negligent actions were the direct cause of your injuries.
