I Was Hit by Someone Texting and Driving. What Are My Legal Rights?

 Posted on March 07, 2023 in Car Accidents

Texas law prohibits drivers from sending or typing electronic messages while driving. However, some drivers ignore this important rule. If you were injured in a car accident caused by someone who was texting and driving, you have the legal right to seek compensation for damages. Unfortunately, distracted drivers are responsible for thousands of avoidable auto accidents every year, so it is important that victims of these crashes know their rights.

Texas Law Regarding Insurance Claims and Personal Injury Claims

Texting and driving accidents often lead to painful injuries and significant financial losses. The first option for someone who is injured in a crash caused by a distracted driver is to pursue payment through the at-fault party's insurance company. Auto insurance companies are supposed to reimburse accident victims for their losses. However, getting adequate compensation from an insurance company can be difficult.

If the insurance company denies your claim or offers an unreasonably low payment, you may have to file a personal injury lawsuit. This is often necessary to ensure that victims are properly compensated for medical bills, lost wages, pain and suffering, and other damages. Texas personal injury law allows injured parties to file a claim for damages if another party's negligence or wrongdoing causes them harm. Texting and driving is not only negligent, it is also against Texas law.

However, proving that the other driver was on their phone can be tricky. The distracted driver may deny the accusation or delete the evidence, making it difficult to establish liability. The other driver may even blame you for causing the crash. Therefore, it is important to consult a knowledgeable lawyer who can help you gather evidence and build a strong case.

Witness testimony, traffic camera or dash camera footage, and police reports may help establish liability in a texting and driving crash. An experienced attorney may even use a legal tool called a subpoena to get phone records from the driver's cell phone company. You may be able to recover costs related to your accident, including medical bills, lost wages, car repair costs, and more.

Call Dallas Car Accident Injury Lawyer Jerry D. Andrews

If you or a loved one were injured in a crash caused by a distracted driver, contact Jerry D. Andrews, P.C. for legal advice and assistance. Dallas County personal injury attorney Jerry Andrews has significant experience in cases like these. He can help you file a claim with the insurance company or pursue compensation through a personal injury claim. Call 214-221-5800 for a free consultation.

Source:

https://www.txdot.gov/safety/driving-laws/texting-cellphone-laws.html