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Houston Car Accident Attorney: Injured by a Distracted Driver

Posted By phoebeej || 26-May-2022
woman taking a picture on cell phone while driving before a car accident where the victim needs a Houston car accident attorney

Distracted drivers put everyone on the road at risk. Unfortunately, many people lose their lives every day due to distracted driving. If you were injured by a distracted driver, consider hiring a Houston car accident attorney to help with your case. Your attorney can help you build a case and fight for compensation from the negligent driver. 

According to the CDC, 9 people are killed every day in the United States due to distracted driving, with many more each and every day experiencing injuries. If you were injured by a distracted driver, then you can seek compensation for your damages and injuries.

Talk to  Your Houston Car Accident Attorney after a Distracted Driving Crash

Distracted driving is 100% preventable and, in most cases, 100% illegal. As such, these cases can be incredibly difficult to win. Drivers are not likely to admit to things like texting while driving or paying more attention to their kids arguing in the back of the car than the road. 

In addition, many of these cases involve huge compensation amounts because of serious injuries and damages involved. When a driver is distracted, they may be less likely to brake or slow down before impact. In these situations, the risk for major injuries, serious damages, and even death can increase. When compensation amounts are high, insurance adjusters are much more likely to try to get you to take a low settlement. 

Also, let’s not forget that proving distracted driving can be difficult. We’ll discuss some strategies your lawyer may use to help your distracted driving case, but it can still be a hard process. 

Because of these complexities, many people choose to hire a Houston car accident attorney to help with their case. An attorney can help you build a strong case. They can also help you present to the insurance company or to the jury in case your dispute goes to trial.

Distracted Driving Increased by 17% in 2021

With all the anti-distracted driving campaigns and rising awareness about the dangers of texting and driving, you would think that cases would start decreasing, right? Unfortunately, many people know that it’s dangerous and become distracted anyway. In fact, according to the Texas Department of Transportation, distracted driving accidents increased by 17% between 2020 and 2021. Last year, 431 people died due to distracted driving accidents while another 2,934 Texans were injured in one of these crashes. 

Distracted driving comes in many forms, with distractions falling into one of three categories: visual, manual, and cognitive. Visual distractions take your eyes away from the road. Manual distractions take your hands away from the steering wheel. Cognitive distractions take your mind off of driving. Texting while driving is a serious issue because it generally causes all three types of distractions. That’s why so many people are fighting to end texting while driving – it can and does injure and kill people in crashes every day. 

Keep in mind that there are many other forms of distracted driving that aren’t technically illegal. For instance, it’s not illegal to eat food while driving or apply makeup while driving. However, these can create dangerous distractions that put others at risk.

Therefore, talk to your Houston car accident attorney if you think distracted driving caused your accident. They can help you create a strategy for getting compensation for your damages and injuries.

Houston Car Accident Attorney for Victims of Distracted Driving

If you were injured in a car accident by a distracted driver, there are many ways your personal injury lawyer can help with your case. Your lawyer’s goal is to get you as much compensation as possible from your case. There are several types of compensation you can seek, including:

  • Medical Expenses: A negligent driver may be liable for your current and future medical expenses. Your Houston car accident attorney can help you keep extensive records of medical bills and expenses related to the accident.
  • Lost Wages: If you had to take time off of work to heal, go to medical appointments, or otherwise deal with the aftermath of the accident, then the distracted driver is often responsible for those as well. Keep track of time off related to the accident as well as what you would have made if you had not had to miss work. 
  • Pain and Suffering: Pain and suffering is your physical pain and the emotional effects of an injury. One common example is if you have a back injury from the car accident which causes you daily pain and also causes you mental suffering because you can no longer pick up your children without pain. 
  • Property Damage: You can also seek compensation for damages to your car and other personal belongings. Negligent drivers typically must pay the amount needed to repair the items or, if they’re not repairable, replace them. 
  • Punitive: These damages are not to compensate you for an expense or non-economic damage caused by the accident. Instead, they are a form of punishment to discourage drivers from acting similarly in future. Typically punitive damages are only available for gross negligence. 

How Your Houston Car Accident Attorney Helps Prove Distracted Driving

One important way your Houston car accident attorney can help with your case is working to prove the distracted driving. As we mentioned earlier, this can be difficult. However, an experienced lawyer has many strategies of getting proof. You can help with this process by gathering as much evidence as you can at the accident scene. Take photos, talk to witnesses, and write down what you saw before the accident. Do what you can to get proof of the driver’s distraction before the crash. 

Here are some common forms of evidence that may work for your distracted driving accident case:

  • Statements from the Driver: Keep your ears open after the accident. Sometimes drivers will admit guilt after an accident. Statements like “I got a text and didn’t see you,” or “I just turned around for a second,” show that the driver was doing something other than paying attention to the road.
  • Police Reports: If the police have reason to believe the driver was distracted while driving when they caused your accident, they will often note it in their crash report. 
  • Witness Statements: Someone who witnessed the crash may have seen the other driver engaging in distracting behaviors. Statements from these witnesses may help your case
  • Social Media Posts: If someone was posting on social media before the accident, then their posts may prove that they were distracted. For instance, a common type of distracted driving is filming or live streaming while driving with the intent to post it on social media. 
  • Phone Records: Car accident lawyers in Houston, TX can formally request phone records for the moments leading up to your crash. These may show that the person was texting or talking on the phone when they caused the accident.

Your Personal Injury Lawyer Negotiates with the Insurance Company

Insurance adjusters may seem friendly, but remember they are typically the enemy in a car accident case. Their main goal is to pay you as little as possible to close the claim. Many adjusters use shady negotiation and manipulation tactics to try to get you to take a low payout for your case. However, your Houston car accident attorney offers not only legal knowledge but negotiating skills to help you get as much as possible from your claim. 

The Law Office of Daniel D. Horowitz, III PC – Your Houston Car Accident Attorney

When you need a car accident attorney in Houston, choose The Law Office of Daniel D. Horowitz, III PC. Mr. Horowitz is a board-certified Texas personal injury attorney that defends your rights after an accident. We work with a wide range of personal injury cases, including car accidents, truck accidents, and job accidents. Our team is here to look out for you and help you get the best outcome possible for your case. Contact us now for a free consultation with Mr. Horowitz. 

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