Distracted Driving Accident Attorney in Dallas

Distracted drivers in Dallas are a danger to themselves and everyone else on the road. When their careless and reckless behavior injures other people, they should be held financially responsible for the consequences. If you have been in an accident due to a distracted driver, you shouldn’t hesitate to talk to a distracted driver accident lawyer today.

One of the Best Distracted Driving Accident Lawyers in Dallas

If you were hurt in a car accident caused by a distracted driver, you shouldn’t be left paying for its consequences. The distracted driving accident attorneys at The Wilhite Law Firm are here to help. Our Dallas distracted driving accident lawyers are ready to fight for all financial compensation you are entitled to receive for your medical bills, lost wages, and other damages. Contact us today to learn more in a free initial consultation. Talk to our Dallas car accident lawyer today.

What Is Considered Distracted Driving in Dallas?

Distracted driving is defined as operating a motor vehicle while focused on other, non-driving activities. Common examples of distracted driving include:

  • Texting or calling while driving – Cellphone conversations are among the most common and dangerous driving distractions. Drivers who are calling or texting while behind the wheel are more likely to overlook changes in traffic flow, ignore their blind spots, and drift into neighboring lanes.
  • Adjusting GPS inputs – Entering new navigation information into a GPS device is an involved task, and it should never be attempted while actively driving a vehicle. Drivers who are fussing with GPS devices are not paying adequate attention to the road.
  • Eating or drinking while driving – While many people think nothing of eating or drinking while driving, doing so can cause drivers to remove their hands from the wheel, which can make it harder to react to emergencies.
  • Personal grooming while driving – Attempting to apply makeup, shave, fix hairstyles, or change clothing while driving takes eyes off the road and hands off the steering wheel, increasing the likelihood of a distracted driving accident.
  • Talking to passengers – While talking with your passengers is generally safe, drivers who talk animatedly or turn around to interact with passengers can become dangerously distracted and cause wrecks.
  • Interacting with pets – Pets can be distracting under any circumstances, to say nothing of stressful driving conditions. When owners discipline, restrain, or praise their pets while attempting to operate a motor vehicle, they can become distracted from the road and unable to react to changing conditions.
  • Daydreaming – Driving can be boring and repetitive, leading to a distracted state called “highway hypnosis.” A driver who becomes overly absorbed by their inner thoughts may fail to act in time to avoid an accident.
  • External distractions – External distractions such as billboard advertisements, points of interest, and even other traffic collisions can draw the attention of even the most careful driver, increasing the likelihood of a distracted driving accident.

How Our Lawyers Prove Fault in Dallas Distracted Driving Crashes

One of the most important aspects of any distracted driving case is determining who was at fault. Under Texas’ fault-based auto insurance system, at-fault drivers are responsible for the damage and injuries they cause in car accidents.

The distracted driver accident lawyers at The Wilhite Law Firm, our dedicated team can use the following types of evidence to prove fault in distracted driving accident cases:

  • Police accident reports – Accident reports can contain useful information such as lists of any traffic citations issued, accident diagrams, and law enforcement’s official opinion regarding who was at fault.
  • Video footage – If a traffic camera or dashcam captured video footage of the crash, our attorneys can use it to show that the other driver failed to brake, signal their turn, or take steps to avoid the crash.
  • Cellphone records – Your attorney can request the other driver’s cellphone records to look for evidence that they were texting or talking on the phone at the time the crash occurred.
  • Eyewitness statements – If any bystanders saw the crash, they can provide useful information about how the accident happened, what each driver was doing at the time, and what occurred in its aftermath.
  • Accident reconstruction – Our lawyers often work with accident reconstruction experts who can use crash scene photographs and vehicle damage patterns to re-create and analyze the conditions that led to a distracted driving crash.
  • Bills, invoices, and pay stubs – Your medical bills, vehicle repair invoices, pay stubs, and other documents can be used to demonstrate the exact nature and extent of any financial losses you incurred due to the accident.

Demanding Full Compensation for Distracted Driving Accident Victims

Any money you receive from a distracted driving accident claim should compensate you for the personal and financial losses you suffered due to the crash. Depending on the circumstances surrounding your accident case, you could be entitled to compensation for:

  • Medical bills, including past expenses and projected future costs of any reasonable and necessary medical care for the treatment of your accident-related injuries, including ambulance rides, hospital stays, doctor or specialist visits, and prescription medications
  • Incidental costs such as out-of-pocket costs you pay for incidental, accident-related expenses, like travel to and from medical appointments and the cost of in-home assistance
  • Lost wages, if you cannot return to work while you are still recovering from your distracted driving accident injuries
  • Lost earning potential due to losses in your long-term earning capacity caused by any accident-related disabilities that prevent you from returning to your former occupation or career path
  • Pain and suffering, or compensation for the physical pain, emotional distress, and general losses in quality of life you have suffered due to the distracted driving accident and your subsequent injuries

How Long Do You Have to File a Distracted Driving Accident Lawsuit in Texas?

Texas law imposes strict time limits on your ability to file certain types of lawsuits in the state’s civil courts. When it comes to personal injury lawsuits such as those involving distracted driving accidents, you have just two years from the date of the collision to file your suit.

If you wait to file your lawsuit until after the two-year deadline has passed, the court will likely dismiss your case, and you will lose your right to demand compensation for your losses. A knowledgeable distracted driving accident lawyer at The Wilhite Law Firm can help you meet the applicable deadlines in your case and ensure the relevant paperwork is filed on time.

Texas Driving While Texting Law

It is important to know that, under Chapter 545 of the Texas Transportation Code:

  • Texas drivers under the age of 18 are prohibited from using handheld devices at any time while driving, except in emergencies.
  • Texas drivers with learner’s permits are prohibited from using cell phones at any time during their first six months of driving.
  • Texas drivers of all ages are prohibited from using handheld communications devices to read, write, or send electronic text messages while driving unless their vehicle is at a complete stop.
  • Texas drivers are prohibited from using handheld devices in school zones.
  • Texas school bus drivers are prohibited from using cell phones at any time while they are transporting children.

Under the law, Texas drivers may use handheld communication devices while driving in the following exceptional circumstances:

  • In conjunction with a hands-free device or system
  • To navigate via GPS or to activate a system that plays music
  • To report unlawful activity, request emergency assistance, or look up traffic and weather conditions
  • To read a text message they had reason to believe concerned an emergency
  • To relay occupational information to a dispatcher, network, or application
  • To carry out duties, while operating in an official capacity as a law enforcement officer, emergency vehicle operator, or Federal Communications Commission (FCC) operator

Types of Distracted Driving in Dallas

The Centers for Disease Control (CDC) recognizes three main types of driving distractions:

  • Manual distractions – A manual distraction is anything that causes you to take your hands away from the wheel while driving. Examples include food and drink, typing out text messages, and adjusting vehicle controls.
  • Visual distractions – A visual distraction is anything that causes you to take your eyes off the road while driving. Examples include checking the mirror, reading text messages, and turning around to look at passengers.
  • Cognitive distractions – A cognitive distraction is anything that causes you to take your mind off the task of safe driving. Examples include phone calls, text messages, passenger interactions, and daydreams.

Some activities involve two or even all three types of distraction. Texting while driving is particularly dangerous because it combines visual, manual, and cognitive distractions.

Our Dallas Distracted Driving Accident Attorneys Are Here to Help

At The Wilhite Law Firm, our experienced attorneys can help you pursue the compensation you deserve by:

  • Explaining your legal options for pursuing compensation
  • Estimating the potential value of your accident claim
  • Conducting an independent investigation into the distracted driving accident, determining who was at fault and uncovering critical supporting evidence
  • Communicating with the at-fault party, their insurance provider, and other attorneys on your behalf
  • Representing you during settlement negotiations and, if necessary, in court

Contact a Dallas Distracted Driving Accident Lawyer Today

In the aftermath of a Dallas distracted driving accident, you need a dedicated car accident attorney who will fight relentlessly for the maximum compensation you deserve. Contact a Dallas personal injury attorney at The Wilhite Law Firm today for a free initial case review and to learn more about how our trusted team can help you seek a fair recovery.