Distracted driving accidents are more than just unfortunate events — they can dramatically alter lives in the blink of an eye. When a driver’s inattention causes a crash, the repercussions are often severe and long-lasting, leaving victims grappling with injuries, medical bills, and emotional trauma. Navigating the aftermath of such an accident can feel overwhelming, as you face not only the physical and financial impacts but also the complex legal process of seeking compensation. Understanding your rights and options is crucial to securing the justice and support you need to recover fully.

At Byrd Davis Alden & Henrichson, LLP, we are dedicated to guiding you through this challenging time with compassion and expertise. Our experienced distracted driving accident lawyers are here to help you build a strong case, negotiate with insurance companies, and ensure that you receive the fair compensation you deserve.

How Does Liability Work in a Distracted Driving Accident?

Liability in a distracted driving accident is determined based on the concept of negligence. Distracted driving occurs when a driver’s attention is diverted from the road due to activities such as texting, talking on the phone, eating, or using in-car technologies. To establish liability in such cases, several key elements must be proven.

  • Duty of Care: Every driver has a legal duty to operate their vehicle safely and responsibly. This duty includes avoiding distractions that could lead to accidents. In a distracted driving accident, the driver at fault is considered to have breached this duty.
  • Breach of Duty: To prove liability, it must be shown that the driver failed to meet the standard of care expected of a reasonable person. For example, if a driver was texting and this distraction led to an accident, it demonstrates a clear breach of their duty to drive attentively.
  • Causation: It must be demonstrated that the driver’s distraction directly caused the accident. This means establishing a direct link between the driver’s behavior and the collision. Evidence such as phone records, witness testimonies, or traffic camera footage can help establish this connection.
  • Damages: The injured party must prove that they suffered damages as a result of the accident. This includes physical injuries, property damage, medical expenses, and lost wages.

Texas operates under a comparative negligence rule, which means that if the injured party was partially at fault, their compensation may be reduced proportionally. For instance, if the injured party was also distracted, their compensation could be adjusted based on the degree of their own negligence.

Understanding the Damages Available in a Distracted Driving Accident Claim

Distracted driving remains a major safety concern, causing numerous accidents each year. If you’ve been injured in a distracted driving accident, it’s important to understand the types of damages you may be entitled to recover. These damages fall into two primary categories: 

Economic Damages

Economic damages compensate for tangible losses directly resulting from the accident. They typically include:

  • Medical Expenses: This includes costs for emergency room visits, surgeries, hospital stays, medication, and rehabilitation. Ongoing medical treatment and future care needs are also considered.
  • Lost Wages: If you are unable to work due to your injuries, you can recover compensation for lost income. This includes both past wages and future earning potential if your injuries impact your ability to return to work.
  • Property Damage: If your vehicle or personal property was damaged in the accident, you can claim the costs for repairs or replacement.

Working with experienced distracted driving accident attorneys can ensure that all potential damages are accounted for and that you receive fair compensation for your losses.

Non-Economic Damages

Non-economic damages address the intangible impacts of the accident. These may include:

  1. Pain and Suffering: This covers the physical pain and emotional distress caused by the accident. It accounts for both the immediate suffering and long-term impact on your quality of life.
  2. Emotional Distress: Beyond physical pain, you may experience anxiety, depression, or other emotional issues as a result of the accident.
  3. Loss of Consortium: If your injuries affect your relationships, such as intimacy or companionship with your spouse, you may be entitled to compensation for this loss.

Understanding these types of damages can help you better evaluate your claim and seek appropriate compensation.

How an Attorney Can Help with a Distracted Driving Claim

Distracted driving accidents often involve complex legal and factual issues, making it crucial to have a skilled distracted driving accident lawyer on your side. 

Investigating the Accident

A distracted driving accident attorney will start by thoroughly investigating the accident. This includes gathering evidence such as police reports, witness statements, and accident scene photographs. They may also review cell phone records, GPS data, or traffic camera footage to establish that the other driver was distracted at the time of the collision. 

Assessing and Calculating Damages

A distracted driving accident lawyer will evaluate both economic and non-economic damages, including medical expenses, lost wages, pain and suffering, and emotional distress. They may consult with medical experts and financial professionals to determine the impact of your injuries on your future earnings and quality of life.

Negotiating With Insurance Companies

Dealing with insurance companies can be challenging. A distracted driving accident attorney will handle all communications with insurers to ensure that your rights are protected and that you receive a fair settlement. They are skilled at negotiating and can counteract low-ball offers from insurance companies, advocating for the compensation you deserve.

Representing You in Court

If a fair settlement cannot be reached, a distracted driving accident lawyer will represent you in court. They will prepare and present your case, cross-examine witnesses, and argue on your behalf to ensure that your interests are protected throughout the legal process.

A distracted driving accident attorney’s expertise helps maximize your chances of receiving the compensation you deserve.

Choose Byrd Davis Alden & Henrichson, LLP for Your Distracted Driving Accident Case

At Byrd Davis Alden & Henrichson, LLP, we understand how challenging it can be to navigate the aftermath of a distracted driving accident. With more than 60 years of experience in personal injury law, our team is committed to helping you build a strong case. We thoroughly investigate every detail of your accident, ensuring all forms of compensation are explored, including medical bills, lost wages, and emotional distress. Our reputation for securing favorable outcomes, both in and out of court, sets us apart.

If you’ve been injured due to a distracted driver, let us guide you through the legal process with personalized attention and dedication. We have the experience to stand up to insurance companies and, if necessary, represent you in court. Call us today at (512) 454-3751 or use our contact form.