This is the first post in what will be a series discussing the handling of Fort Worth, Texas personal injury cases which involve distracted driving. We have previously discussed issues which arise when a car accident is caused by texting and driving. Given the rise in situations where people drive while not paying attention to the road, we felt it necessary to begin a larger discussion on the topic. If you have been injured by the negligence of another then it is important that you contact an attorney immediately.
There are several important topics which we will address over the course of this series. Topics we will look at include:
- Gaining proof that the defendant was driving while distracted
- How comparative fault applies in cases which involve distracted driving
- Issues created by distracted driving in trucking accident cases
These are important topics to address for several reasons. First, the defendant will typically not admit to driving while texting, taking selfies, or engaging in other distracting behavior. The discovery process can be used to establish proof of their conduct. Second, as we discussed in our article on Texas’ comparative fault laws, a Plaintiff’s recovery can be reduced by the extent to which the Plaintiff partially caused the accident. Showing that the defendant was not paying attention to the road can place a larger percentage of fault on the Plaintiff. This, in turn, can increase the amount which a victim may recover. Finally, issues of distracted driving are important in trucking accident cases; if the driver was employed by a company who knew that such conduct was occurring, and did nothing to stop it, the punitive damages may be appropriate.
It is important to understand that the process protects you even if the defendant claims that they were paying attention to the road at the time of the accident. It is important that you contact a lawyer rather than dealing with the insurance company directly. While accepting a quick settlement may seem simple, doing so may leave you without adequate compensation for future medical expenses and lost wages. You may also receive reduced compensation due to resolving your case without first gathering all evidence of the other side’s negligence. Contacting a personal injury attorney can help ensure that you do not find yourself in such a situation.
If you are in the Fort Worth area and a loved one has been seriously injured then it is suggested that you retain a firm which primarily handles large scale injury cases. You should determine whether your prospective attorney employs an on-staff investigator and has the resources necessary to deal with large defendants. Such resources will allow a firm to see a serious harm case through to completion and to conduct all discovery necessary to show that the defendant was not paying attention to the road. This is true whether you were injured in Texas counties including Tarrant, Dallas, Johnson, and Wise counties as well as Hurst, Euless, Bedford, Haltom City, Richland Hills, North Richland Hills, Watauga, Grapevine, Colleyville, Southlake, Arlington, Keller, Grand Prairie, and Dallas.