Wrongful Death Claims Involving Fatal Distracted Driving Accidents

 Posted on May 03, 2023 in Distractive Driving

Multiple studies show that distracted driving is worse now than ever. Smartphones and other devices have become an integral part of our everyday lives, and many people cannot bear to part with their devices for even the few minutes it takes to drive across town.

Unfortunately, these factors have led to an increase in the number of fatal accidents involving distracted driving. If your loved one passed away in an accident that was caused by a driver who was using a cell phone or otherwise too distracted to drive safely, it is important to understand your legal rights. You may be able to take legal action against the negligent driver in the form of a wrongful death claim.

Texas Wrongful Death Claims

Texas law defines wrongful death as a death caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” Sending and receiving text messages, direct messaging on social media, or other electronic communications while driving are illegal in Texas.

If your loved one died in a collision caused by a driver using a handheld smartphone or other device, the driver may be considered negligent per se. In other words, the driver is automatically considered to have acted negligently because he or she broke the law.

A wrongful death attorney can help you secure evidence of the driver’s actions, such as dash camera footage or cell phone records that prove the driver was texting and driving.

However, proving that the driver broke the law is not necessary for a successful wrongful death claim. A driver may also be liable for a fatal crash if the driver acted negligently, meaning he or she failed to exercise a reasonable degree of caution. For example, putting on makeup or shaving while driving is not explicitly against the law, but most people would agree that this level of inattention behind the wheel is dangerous.

Benefits of Filling a Wrongful Death Claim

Losing a family member in a motor vehicle accident is shocking and traumatic. Surviving loved ones may find that filing a wrongful death claim offers a sense of justice. Furthermore, a wrongful death claim in Texas can be used to secure reimbursement for the deceased person’s lost wages, lost inheritance, and other damages.

Contact our Dallas Wrongful Death Claim Lawyer

If your loved one died in a crash caused by an inattentive driver, contact our Irving fatal car accident lawyer for help. We can discuss your options in detail and help you seek justice for your deceased loved one. Call 214-221-5800 for a free initial consultation.

Source:

https://www.iii.org/insuranceindustryblog/distracted-driving-surges-since-start-of-pandemic/