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Mesquite Distracted Driving Accident Attorney

Fielding Law Mesquite Distracted Driving Accident Attorney

Have you or your family member been injured in an accident caused by a distracted driver? If so, you may be in a position to file an injury claim against them and obtain monetary compensation for your injuries as well as the related financial losses. Our experienced distracted driving injury attorneys at the Fielding Law offices in Mesquite, TX, are ready to hear your story and help you obtain the full amount of compensation you need and rightfully deserve.

At Fielding Law, we treat distracted driving cases with absolute seriousness and full commitment. Distracted driving is easily avoidable yet extremely dangerous. We feel that there is no excuse for those who unjustly endanger and hurt others by thoughtlessly giving in to needless driving distractions. Contact us without delay to have an experienced lawyer analyze the circumstances of your accident and provide free advice on the best options available to you. Our dedicated Mesquite legal team will do our utmost to ensure that your injuries are justly compensated and that those responsible for your predicament are brought to justice. 

Below you will find helpful information and advice that may answer your immediate questions related to the physical, financial, and emotional aftermath of your accident and injuries as well as a potential injury claim.

What Counts as Distracted Driving?

While a driver’s distraction is often associated with the use of a mobile device, in reality, it encompasses many other actions that can be equally distracting and dangerous. The Centers for Disease Control and Prevention (CDC) distinguishes three main kinds of distracted driving: 

  • Visual: taking your eyes off the road
  • Manual: taking your hands off the wheel
  • Cognitive: taking your mind off of driving

Within these categories, the most common actions that can be distracting for a driver and lead to dangerous accidents include:

  • General mobile device use
  • Talking on a mobile phone or texting 
  • Talking to the passengers
  • Smoking
  • Reaching for objects inside the car
  • Adjusting the radio
  • Applying makeup
  • Handling of children or pets
  • Being lost in thoughts
  • Eating or drinking

If your life changed due to injuries or the death of a loved one following an accident caused by a distracted driver, unfortunately, you are not alone. Distracted driving is one of the major causes of serious injuries and fatal car crashes in Texas. According to the data collected by the Texas Department of Transportation, distracted driving is a factor in as many as one in every five car accidents in the Lone Star State. In 2018, there were 95,572 motor vehicle crashes caused by driver distraction, inattention or cell phone use. These accidents resulted in 394 deaths and 2,340 serious injuries. 

Importantly, reading, writing or sending text messages on a mobile device while driving is illegal in Texas. Additionally, drivers under 18 are strictly prohibited from all cell phone use both handheld and hands-free (except for emergencies).

Do I Have a Claim?

As the basis for a personal injury claim, distracted driving may at times be difficult to prove. That’s why some individuals injured in a motor vehicle accident that likely have been caused by a distracted driver may wonder if it’s even worth it to pursue a compensation claim. 

However, as personal injury attorneys whose focus includes distracted driving cases, we encourage you to pursue your right to compensation for your injuries. Our lawyers at Fielding Law have developed proven strategies to handle distracted driving claims to best represent our clients’ interests and obtain financial compensation for the victims. We know how to prepare an iron-clad claim with a high chance of success. We also know what kind of evidence convincingly points to distracted driving and how to obtain this kind of evidence.

For example, if you noticed that the at-fault driver had exhibited some of the following on-the-road behaviors just before the accident, it may be evidence that the driver was engaging in a distraction that led to the crash:

  • Swerving or crossing lanes of traffic
  • Driving much too slow for the speed limit
  • Abrupt and unexpected acceleration or braking
  • Strange driving pattern

As a distracted driving victim, please be assured that no matter why or how the driver who is responsible for your injuries got distracted, you have the right to pursue compensation options for you and your family. Please contact our Fielding Law distracted driving lawyers without delay to discuss your claim and legal avenues available to you.

How Much Is My Claim Worth?

The worth of a claim relates to the amount of money the victim may receive as financial compensation for their injuries and the resulting financial losses. Such compensation is also known as damages. However, as each distracted driving case is different, it is nearly impossible to put a monetary value on any individual claim without a thorough analysis of the accident and conditions that led to it. Please be advised that no serious lawyer would attempt to do so and be wary of any exaggerated estimates of your potential claim’s worth.

Nevertheless, if you file a distracted driving claim with the assistance of the Fielding Law legal team, our lawyers will aim to obtain financial compensation for the following kinds of losses you may have experienced:

  • Medical expenses related to your injury (including ER visit cost, bills for treatment, medication, and rehabilitation)
  • Lost wages due to a temporary inability to work
  • Loss of earning capacity due to a permanent inability to work
  • Property damage

In addition to these quantifiable monetary losses, our lawyers will also fight for your right to other kinds of damages whose value may be harder to determine but which equally represent the impact of your injuries on your life. These may include:

  • Pain and suffering damages
  • Emotional distress
  • Loss of quality of life
  • Loss of consortium (in the case of wrongful death claims)

Distracted driving accident statistics in Texas

 

Distracted Driving Wrongful Death Claims

Our heart goes to every family who lost a beloved family member in a car crash caused by a distracted driver. If you have been affected by this terrible injustice, you may be able to file a wrongful death claim against the at-fault driver. While no amount of money can make up for your terrible loss, the compensation that we may be able to obtain for you will help you deal with the immediate financial impact of the tragedy. A favorable verdict may also give you a sense of closure and help you regain peace of mind coming from the fact that the parties responsible for your loss will have been brought to justice.

Following a wrongful death claim, the family of a victim may be compensated for the following kinds of losses:

  • Any medical expenses incurred by the decedent prior to their death
  • Burial expenses
  • The loss of earning capacity of the decedent
  • Emotional anguish experienced by the surviving family members
  • Loss of companionship and consortium

Act Fast to File a Distracted Driving Claim

If you have been injured by a distracted driver, you need to act fast to file a claim and maximize your chances for its successful resolution and compensation. This is because the more time passes, the more difficult it becomes to gather and process the evidence, contact the witnesses and so forth. In addition, if you wait too long, the at-fault party’s insurance company may reason that your injuries weren’t serious enough to merit the compensation you rightfully deserve.

More importantly, however, Texas state law defines a specific period during which you may file a personal injury claim. Once that period has expired, you will be barred from introducing any claims and you will effectively forfeit your right to compensation for your injuries and financial losses. In Texas, this period, also known as statutes of limitations, is two years from the day you were injured.

While two years may seem like a long enough time, please be advised that before our lawyers are able to file a claim, our legal team needs to investigate the circumstances of the accident, gather the evidence, reach out to the witnesses, obtain and analyze your medical records and so forth. Preparing a thorough claim can take months, so there is no time to lose. Contact our offices in Mesquite, TX, to schedule a consultation with one of our distracted driving lawyers without delay and start working towards the recovery you deserve.