Distracted driving is a growing epidemic in Texas and throughout the country. Drivers today deal with more distractions than ever before thanks to technologies such as cell phones and in-vehicle infotainment systems. It only takes a few seconds for a distracted driver to cause a devastating automobile accident.
If you or someone you love has been injured in a distracted driving accident in San Antonio, the attorneys at the Law Offices of Maloney & Campolo can help you seek justice. We are dedicated to helping our clients pursue fair financial compensation from careless and reckless drivers in Texas. Contact us for a free consultation.
Why Choose Us?
- Our San Antonio car accident lawyers operate on a contingency fee basis. This means you will not pay your distracted driving accident lawyer unless we recover financial compensation for you.
- We have years of legal experience handling complex car accident cases. We have the skills and resources needed to take on car insurance companies and other adversaries.
- We know how to prove distracted driving car accident cases. We can return to the scene of the crash, access the distracted driver’s cell phone records and hire highly qualified experts.
- You will feel seen, heard and respected by your distracted driving accident attorney. Our lawyers always put their clients’ needs first. We will communicate often with you.
How a San Antonio Distracted Driving Accident Lawyer Can Help
When you hire a distracted driving car accident lawyer to represent you during a claim, you can relax and focus on healing from your injuries while your lawyer handles complicated legal matters for you. Your lawyer can investigate the crash, search for evidence of driver distraction, access the other driver’s cell phone records, interview witnesses, hire crash reconstruction experts and take other steps to build your car accident claim.
Your lawyer can take over communications with an insurance company and its claims adjuster, or the person hired to evaluate your claim. Your lawyer can use aggressive negotiation tactics to fight for a fair settlement that covers the full extent of your losses. If a satisfactory settlement cannot be reached, an attorney in San Antonio can take your car accident case to trial in pursuit of a positive outcome on your behalf.
How Texas Defines Distracted Driving
Distracted driving is defined as engaging in any activity other than the driving task while operating a motor vehicle. Distracted driving is incredibly dangerous, as it reduces a driver’s reaction times. According to the National Highway Traffic Safety Administration, distracted driving took at least 3,522 lives in 2021 alone.
In Texas, there is no specific law against distracted driving. However, there are cell phone laws and reckless driving laws. Texting while driving is against the law in any city in Texas. In addition, some cities have banned all forms of cell phone use behind the wheel, including talking on the phone and hands-free usage.
Finally, Texas Transportation Code section 545.401(b) prohibits driving a vehicle with a willful or wanton disregard for the safety of other persons or property. This is known as reckless driving, and it is a misdemeanor punishable by a fine of up to $200 and/or up to 30 days in county jail in Texas. If a distracted driver speeds, runs a red light, fails to yield the right-of-way or violates other traffic laws, he or she could be found guilty of reckless driving.
Common Types of Distracted Driving
Anything that takes a driver’s eyes off the road, hands off the wheel or mind off the driving task is a dangerous driver distraction. This includes:
- Manipulating a cell phone
- Watching videos or movies
- Taking photos or videos
- Eating and drinking
- Changing the radio station
- Reading or looking at a map
- Rubbernecking a car accident
- Chatting with passengers
- Personal grooming
- Daydreaming
The most dangerous kind of driver distraction is the cell phone, as it can simultaneously be all three types of distractions: visual, manual and cognitive.
Proving Liability for a San Antonio Distracted Driving Accident
Under Texas’s fault insurance law, a car accident victim must show proof that someone else is at fault for causing the crash to qualify for compensation from that party’s car insurance provider. If you suspect another driver of driving while distracted, you or your San Antonio personal injury lawyer will have to provide evidence to support the elements of your claim.
Distracted driving cases are based on negligence, which consists of four elements:
- Duty of care
- Breach of duty
- Causation
- Damages
The other driver must have violated his or her duty of care, which is a legal obligation that all drivers have to obey traffic laws and reasonably prevent car accidents. The defendant’s actions – engaging in some form of distraction – must have caused or significantly contributed to your car accident. As a result, you must have suffered compensable damages, such as physical injuries or property damage.
Types of Compensation Available to Victims
A successful car accident claim against a distracted driver in San Antonio could end in financial compensation being awarded to the victim for various economic and noneconomic losses, including:
- Past and future medical bills
- Lost wages
- Lost capacity to earn
- Disability
- Property damage
- Pain and suffering
- Wrongful death damages
It is important to discuss the potential value of your distracted driving accident case with an attorney before accepting an insurance settlement. An insurance company may try to minimize your payout, but a lawyer will work hard to achieve maximum compensation for your losses.
How Long You Have to File a Distracted Driving Accident Claim
In Texas, the statute of limitations gives distracted driving car accident victims no more than two years from the date of the crash or of reasonable injury discovery to file a claim. Act quickly to take legal action, as missing this deadline will generally bar you from seeking a financial recovery from a distracted driver forever.
Contact an Experienced San Antonio Distracted Driving Accident Attorney
If you or someone you love was recently injured in a car accident involving a distracted, inattentive or negligent driver in San Antonio, Texas, do not hesitate to contact an attorney from our law firm for assistance. The Law Offices of Maloney & Campolo has the attorneys, staff and resources you need to fight for fair results.
We use proven legal strategies to pursue the maximum amount for each claim. Call (210) 922-2200 or contact us online today to request your free case consultation.